Annulment of Marriage in Illinois

Annulment of Marriage in Illinois: What You Need to Know

Marriage is considered one of the most important commitments one can make in their lifetime. It is a union based on love, trust, and mutual respect. Unfortunately, not all marriages last forever, and some couples decide to end their marriage through divorce, legal separation, or annulment.

In Illinois, annulment of marriage is a legal process that aims to declare a marriage null and void, as if it never existed. This means that both spouses will be considered unmarried and not legally obligated to each other.

If you’re considering an annulment of your marriage in Illinois, here’s what you need to know.

What is an Annulment of Marriage in Illinois?

An annulment of marriage is a legal proceeding that cancels a marriage and declares it null and void. This means that the marriage is not recognized as legally valid by the state. In other words, it’s as if the marriage never happened.

You can request an annulment of marriage if:

– Your marriage is not valid under Illinois law;
– One or both spouses lacked the capacity to enter into the marriage;
– The marriage was entered into under duress or fraud;
– One or both spouses were under the age of 18 at the time of the marriage;
– The marriage was prohibited by law in Illinois; or
– The marriage was bigamous (one spouse was already married at the time).

It’s important to note that annulment of marriage is different from divorce. Divorce ends a valid marriage, while annulment declares that the marriage never existed in the first place.

Grounds for Annulment in Illinois

As mentioned, there are several grounds for annulment of marriage in Illinois. Let’s take a closer look at each one.

Void or Prohibited Marriages

Void or prohibited marriages are marriages that are not recognized as legally valid under Illinois law. This includes marriages between close relatives, such as siblings or first cousins, and marriages entered into for fraudulent purposes, such as to obtain immigration status.

If your marriage is void or prohibited, you don’t need to obtain an annulment to end it, as it is not recognized as legally valid.

Lack of Capacity

If one or both spouses lacked the mental capacity to enter into the marriage, you may be able to obtain an annulment. This can include situations where:

– One or both spouses were under the influence of drugs or alcohol at the time of the marriage;
– One or both spouses were mentally incapacitated; or
– One or both spouses were unable to understand the nature or consequences of the marriage.

Duress or Fraud

If you were forced into the marriage or if the marriage was entered into under fraudulent circumstances, such as if one spouse concealed a prior marriage, you may be able to obtain an annulment.

Underage Marriage

In Illinois, the legal age for marriage is 18. If you or your spouse were under the age of 18 at the time of the marriage, you may be able to obtain an annulment.

Bigamous Marriage

A bigamous marriage is one where one spouse was already legally married at the time of the marriage. If you discover that your spouse was already married to someone else at the time of your marriage, you may be able to obtain an annulment.

Annulment vs. Divorce: What’s the Difference?

As mentioned earlier, annulment of marriage is different from divorce. Divorce ends a valid marriage, while annulment declares that the marriage never existed in the first place.

Annulment is generally considered more difficult to obtain than divorce, as you need to prove one of the grounds for annulment listed above. Additionally, with annulment, there is no presumption of equal division of marital property, as there is with divorce.

In Illinois, there is no requirement to be separated for a certain period before filing for annulment, unlike with divorce, where you must first be separated for at least six months.

How to Obtain an Annulment in Illinois

To obtain an annulment in Illinois, you will need to file a petition with the court. The process is similar to a divorce, but the grounds for annulment must be proven in court.

You should consult with an experienced family law attorney to determine if you have grounds for annulment. Your attorney can help you prepare and file the petition, and represent you in court if necessary.

Time Limit for Filing for Annulment in Illinois

In Illinois, there is no time limit to file for annulment, but it’s generally better to file as soon as possible after discovering the grounds for annulment. This is because the longer you wait, the more difficult it can be to prove your case.

Annulment of Marriage and Children

If you have children from the marriage, an annulment will not affect your parental rights or obligations. Child custody, visitation, and support will still need to be determined.

Additionally, if you were married for a short time, your attorney may advise you to seek temporary orders for child support and custody while the annulment process is ongoing.

Conclusion

Annulment of marriage is a legal process that cancels a marriage and declares it null and void. It’s an option for those whose marriage is not valid under Illinois law, or who have other grounds for annulment.

If you’re considering an annulment of marriage, it’s important to consult with an experienced family law attorney to determine your options and guide you through the process.

Remember, annulment is different from divorce, and the grounds for annulment must be proven in court. With the help of an attorney, you can navigate the annulment process and move forward with your life.

Guide to Annulment of Marriage in Illinois

Not all couples who end their marriages do so with divorce.  annulment of marriage in IL is another possible option for couples who need to end their marriage.  Unlike a divorce, which recognizes the validity of a marriage but ends it, annulment of marriage in Illinois retroactively voids the marriage.  If you intend to seek an annulment of marriage in IL, this guide can explain your options for grounds and how annulment differs from the divorce process.

What Are Grounds for Annulment?

Every state has its own reasons, or grounds, that are considered permissible reasons for an annulment.  Annulment of marriage in Illinois requires that one of three things has happened:

ñ One party physically is incapable of consummating the marriage with sexual intercourse, and the other spouse did not know this at the time when they were married.

ñ One party was 16 or 17 years old at the time of the wedding ceremony, but did not obtain the necessary parental permission to get married as a minor.

ñ One party was unable to consent for a reason related to mental illness (Alzheimer’s patients and those suffering from psychosis, for instance, may have lacked the capacity to consent), or could not consent because they were under duress.  Consent may also be found to be lacking if one party deliberately defrauded the other about something important to the marriage prior to the ceremony taking place.

If you cannot prove one of these grounds in court, you will not be granted an annulment of marriage in IL.  Instead of seeking an annulment of marriage in Illinois, couples who cannot prove any annulment grounds must obtain a divorce.

Who Can Have a Marriage Annulled?

Anyone who qualifies as an Illinois resident for the purposes of filing for divorce can also obtain an annulment of marriage in IL for their own marriage if they can prove one of the above grounds.  If a minor has been married without parental consent, the minor’s parents may also seek an annulment of marriage in Illinois until the minor’s 18th birthday.

How is Annulment Different From Divorce?

In many ways, annulment of marriage in IL is very similar or identical to divorce.  You can expect to see the same kinds of property division, child and spousal support arrangements, and court proceedings in an annulment case as in a divorce case.  Annulment of marriage in Illinois does not make children illegitimate, nor does it free a spouse from an obligation to support his or her children or former spouse.

In many cases, it may be much easier to obtain a no-fault divorce than an annulment of marriage in IL.  You may want to talk to a lawyer who specializes in annulments and divorces in order to understand your options.  You may want to go through the no-fault divorce procedure, which can be substantially quicker and cheaper than proving grounds for an annulment of marriage in Illinois courts.  In most ways, divorce and annulment are functionally identical, and the difference is largely one of name only.