Can I Get My Child’s Marriage Annulled in Illinois? 

 Posted on February 04, 2022 in Annulment

It is often normal for parents to be unsure of their child’s choice in a romantic partner. However, in the state of Illinois, it may be possible to get your child’s marriage annulled if the circumstances of the marriage were illegal. A few factors can lead to marriage invalidation in Illinois. If a marriage occurred when one or both of the parties were under the age of consent or unable to consent, a parent can file for an annulment or “Judgement of Invalidation of Marriage.”

My Underage Child Got Married Without My Consent

One reason to have a marriage annulled in Illinois is if a child ages 16 or 17 got married without parental consent. The age of consent in Illinois is 17 years old, however, to obtain a legally legitimate marriage, a 17-year-old must also have parental consent documented. Lacking parental or judicial consent to marry at 17 leaves the marriage prohibited.

My Child Was Under the Age of Consent

Another reason that a parent can file to annul their child’s marriage would be if the child was not of the age of consent. As mentioned, the age of consent in Illinois is 17 years of age. A person must be able to legally consent to engage in sexual relations to consummate the marriage for the union to be deemed legitimate. If one or both of the parties who got married were under the age of sexual consent, a parent can move to annul the union. If your child was under the legal age to sexually consent, you have exactly one year to move to annul the union.

My Child Was Forced into Marriage

Coercion or impairment is another factor that can lead to a marriage annulment. Even if the person who engaged in the marriage was over the legal age to consent, consent may have been missing if the person was impaired from drug or alcohol use. Similarly, if the person was forced, coerced or otherwise tricked by a fraudulent party into the marriage, a judge may find this reason to dissolve the union. If you are looking to annul a marriage for coercion, trickery or inability to consent for reasons other than age, you have no more than 90 days after you learned about the marriage to file for invalidation.

Filing for Marriage Invalidation

It can be a very difficult process to obtain an annulment from a judge. Most judges are hesitant to annul a union and it is rare for a marriage to be deemed invalid in the state of Illinois. A parent or other party must have a legitimate legal reason to file for invalidation and have all of the facts ready to present to a judge. It is crucial to hire a skilled divorce attorney experienced in marriage annulment who can represent your unique case.

Find a Kendall County Annulment Attorney

At The Law Office of Matthew M. Williams, P.C. our Kendall County family attorney has experience in marriage invalidations and annulments. Although the process may be difficult, attorney Matthew M. Williams understands the importance and delicacy of annulling a potentially dangerous marriage. To schedule an initial consultation with us, call 630-409-8184 to set up an appointment with our team.

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+III&ActID=2086&ChapterID=59&SeqStart=3000000&SeqEnd=3700000