Marriage
Michigan stopped recognizing newly created common-law marriages after this date.
January 1, 1957
Annulments are only an option if a marriage is:
Void or Voidable
An unmarried Michigan couple who breaks up after living together for 20 years automatically receives the same property-division rights as divorcing spouses.
FALSE
How many statutory grounds for divorce does Michigan have?
ONE
We just opened the Smith divorce. Married couple. Three minor children. WHAT'S THE CASE CODE?!”
DM
True or False: If a couple has lived together in Michigan for 15 years, has joint bank accounts, and tells everyone they are married, Michigan automatically considers them legally married.
FALSE
Annulment and divorce are identical because both simply terminate valid marriages.
FALSE
Annulment addresses a defect existing when the parties married; divorce terminates a valid marriage.
After an unmarried couple breaks up, these two types of contracts may potentially provide a basis for a claim.
What are express and implied-in-fact contracts?
The case code for a divorce involving minor children.
DM
“Client wants a divorce, but her spouse says, ‘I refuse to agree that our marriage has broken down, so you can't divorce me.’ Is the spouse correct?”
NO
A valid Michigan marriage generally requires the parties to be at least this age.
18
Chris tells Pat before the wedding, “I graduated from Harvard.” Chris actually attended community college. Pat discovers the lie after the wedding and immediately seeks an annulment. Is the lie automatically sufficient fraud for annulment?
NO
Not every premarital lie constitutes the type of fraud required for annulment. The fraud must go sufficiently to the essence of the marriage relationship
Kelly and Chris have lived together in Michigan since 2001. Kelly says, “We've been together 25 years, so I'm legally Chris's spouse.” What should attorney tell the client?
cohabitation alone does not establish a Michigan marriage
The case code for a divorce without minor children.
DO
“HELP! Defendant was personally served with the divorce complaint 22 days ago and hasn't filed anything!”
What issue should the paralegal bring to the attorney's attention?
DEFAULT
Taylor marries Jordan. Years later, Taylor's first spouse appears and says, “Taylor never divorced me!” Which marriage does Michigan's legal presumption favor?
the second marriage
Before marriage, Jamie deliberately tells Morgan that Morgan is the parent of Jamie's child specifically to induce Morgan into marriage. After the wedding, DNA testing establishes Morgan isn't the parent. Potential annulment?
YES
An unmarried couple jointly buys a house. Both names are on the deed. They later break up. One partner says, “Since we weren't married, the other person has absolutely no rights to the house.” What's wrong with that statement?
What is being unmarried doesn't erase independently existing property or contractual rights?
Plaintiff's complaint says:
“My husband cheated on me with my best friend, emptied our bank account, ruined Christmas and destroyed our marriage.”
What's procedurally wrong with this allegation of the grounds for divorce?
the complaint should state the statutory no-fault ground rather than provide the detailed reasons for the breakdown
“The client says she wants separate maintenance because she doesn't want to be divorced. She wants property rights, custody, parenting time and support addressed. Can separate maintenance potentially do that?”
YES
Alex and Sam participate in a marriage ceremony. Their officiant claims to have legal authority to perform marriages but actually doesn't. Alex and Sam genuinely believe they are lawfully married. Is the marriage necessarily invalid?
NO
Before marriage, Jamie deliberately tells Morgan that Morgan is the parent of Jamie's child specifically to induce Morgan into marriage. After the wedding, DNA testing establishes Morgan isn't the parent. Potential annulment?
What is voluntary cohabitation after discovery of the fraud?
an annulment based on fraud will be denied when the parties voluntarily cohabit after discovery of the fraud but before suit
Morgan and Riley never married. Riley says Morgan repeatedly promised, “If you stay home, care for the house and help me with my business, half of everything we're building will be yours.” Riley does so for 18 years. They break up and Morgan says, “Too bad—we weren't married.” What legal theory should immediately get your attention?
What is an express or implied-in-fact contract claim?
The parties have minor children, but extraordinary circumstances create unusual hardship. The parties want the court to enter the divorce before six months have passed. Can the six-month period potentially be waived?
YES
BUT...
the court may waive the six-month waiting period for unusual hardship or compelling necessity, but judgment cannot be entered until at least 60 days after filing
“Your attorney calls from the courthouse:
‘I need the Jones file NOW. Client says defendant never answered. Tell me whether we can default him.’
You open the file.
Complaint filed.
Summons issued.
You see a note saying: ‘Mailed complaint to defendant.’
There is NO proof of service in the file.
What do you tell the attorney?”
WE NEED TO DETERMINE WHETHER SERVICE WAS PROPERLY COMPLETED AND WHEN BEFORE CONCLUDING THAT THE ANSWER PERIOD EXPIRED OR PROCEEDING with default?
THIS is the answer I would emphasize.