Best Marriage Lawyers in Michigan

About Marriage Law in Michigan, United States

Marriage in Michigan is governed by state law and involves a legal contract between two individuals. Michigan recognizes both civil and religious ceremonies, and couples must follow specific procedures to have their marriage legally recognized. The state regulates who can marry, how marriages are solemnized, and defines the legal effects of marriage. Understanding the requirements and implications of marriage law is important for anyone considering marriage in Michigan.

Why You May Need a Lawyer

While many people can navigate the marriage process without legal representation, there are common situations where consulting a lawyer is advisable. These include:

• Drafting or reviewing prenuptial and postnuptial agreements
• Complicated family situations, such as prior marriages, children from past relationships, or large estates
• Concerns about protecting personal assets or spousal rights
• Issues related to immigration or citizenship status
• Understanding legal obligations and rights after marriage, especially in cases with significant financial or property interests
• Navigating questions about common-law marriage or recognition of marriages from outside Michigan
• Addressing cultural or religious requirements in addition to legal ones

A lawyer can help ensure all legal requirements are met and that the interests and rights of both parties are protected, avoiding future disputes or complications.

Local Laws Overview

Michigan has specific laws and requirements for marriage. Here are key aspects to know:

• Minimum Age: In Michigan, individuals must be at least 18 years old to marry without parental consent. Sixteen and seventeen-year-olds can marry with written consent from a parent or legal guardian.
• Marriage License: Couples must obtain a marriage license from the county clerk. Both parties need valid identification and may need to present birth certificates. The license is valid immediately and expires after 33 days.
• Residency: One party must be a Michigan resident or the couple must obtain the license from the county where they plan to marry.
• Waiting Period: There is a statutory three-day waiting period after applying before the license can be used, though some counties may waive this for an additional fee.
• Prohibited Marriages: Marriages between close relatives, including siblings and first cousins, are prohibited. Same-sex marriage is legal throughout Michigan since 2015.
• Officiants: Ordained ministers, some judges, and certain officials can legally perform marriages in Michigan.
• Witnesses: Two adult witnesses are required at the marriage ceremony.
• Common-Law Marriage: Michigan does not recognize common-law marriages established after January 1, 1957, but may recognize those legally entered in other states.
• Marriage Records: Marriage licenses and certificates are public records and can be obtained from the county clerk's office where the license was issued.
• Annulments and Divorce: Michigan allows for both annulment and divorce. Grounds and procedures are defined by state law, with divorce granted on a no-fault basis.

Frequently Asked Questions

What documents are needed to apply for a marriage license in Michigan?

Typically, both parties need a valid photo ID such as a driver’s license or passport. Some counties may also require birth certificates and social security numbers. It is advisable to check with the county clerk for specific requirements.

Is there a residency requirement to get married in Michigan?

At least one applicant must be a Michigan resident to apply in their home county, or non-residents can apply in the county where the marriage will take place.

How long is the marriage license valid?

Michigan marriage licenses are valid for 33 days from the date of issuance and can be used anywhere within the state.

Is there a waiting period before marriage in Michigan?

There is a standard three-day waiting period after application. However, some counties may waive the waiting period for an additional fee.

Who can officiate a marriage ceremony in Michigan?

Ordained or licensed religious ministers, county clerks, federal judges, probate judges, district court judges, and some magistrates may officiate marriages in Michigan.

Are same-sex marriages legal in Michigan?

Yes, same-sex marriage has been legal statewide in Michigan since the 2015 United States Supreme Court decision.

Does Michigan recognize common-law marriage?

Michigan does not permit common-law marriage if it was entered into after January 1, 1957. However, it may recognize valid common-law marriages from other states.

What are the age requirements for marriage in Michigan?

Both parties must be at least 18 years old. Individuals aged 16 or 17 may marry with written consent from a parent or legal guardian.

Can I change my name after marriage in Michigan?

Yes, either spouse may choose to adopt a new last name. The marriage certificate can usually be used to update legal documents.

What is needed for a marriage to be legally recognized in Michigan?

A valid marriage license, an authorized officiant, two adult witnesses, and a properly performed and recorded ceremony are required.

Additional Resources

If you need more information or assistance with marriage issues in Michigan, consider these resources:

• Michigan Department of Health and Human Services - Vital Records Division (for marriage certificates and state guidelines)
• Your county clerk’s office (for local marriage license application requirements and fees)
• State Bar of Michigan - Family Law Section (for referrals and literature)
• Legal Aid of Michigan (for assistance if you cannot afford an attorney)
• Local family law attorneys (for personalized legal advice)
• LGBTQ advocacy organizations (for assistance with same-sex marriage or related rights)
• Immigration law specialists (if one party is not a United States citizen)

Next Steps

If you are planning to marry in Michigan or have questions about your legal rights and responsibilities, it is wise to:

• Contact your county clerk to verify requirements and begin your marriage license application
• Gather all necessary documentation before your appointment
• Consider consulting a family law attorney if you have concerns about prenuptial agreements, asset protection, or unique family situations
• Discuss and agree on important issues such as name changes, property, and finances before marriage
• Seek assistance from legal aid if cost is a concern

Marriage is a significant legal and personal step. Taking time to understand your rights and responsibilities under Michigan law can provide peace of mind and help you start your marriage on a strong legal foundation. If in doubt, reach out to a qualified attorney for guidance tailored to your situation.