Grounds for an Annulment in Illinois

 Posted on August 02, 2021 in Annulment

When a couple gets married and then at some point decided that the marriage was a mistake, the usual course of action they take is to file for divorce. However, there are some circumstances where obtaining an annulment would be more appropriate. While getting a divorce is usually an easier process than getting an annulment, it does not void the marriage out as an annulment does. Knowing the difference between the two actions and speaking to an Aurora divorce attorney can help you decide which option is the best for your situation.

What Is Required in Order to Obtain an Annulment?

In Illinois, an annulment is also referred to as a declaration of invalidity of marriage. There are specific requirements that must be met in order for the marriage to qualify for an annulment. These are:

• One of the spouses was underage at the time of the marriage and did not obtain the consent of a parent or legal guardian.

• One of the spouses could not consent to the marriage because they were under the influence of a substance, they were mentally ill, or their consent was given under duress or force.

• One spouse did not know that the other spouse was unable to engage in marital relations.

• The marriage was illegal because one or both spouses were still legally married to other people, or the spouses are related.

The above are the only grounds for obtaining an annulment. Any other issues a couple may have that have brought them to the point of ending their marriage, such as domestic abuse or infidelity, would not qualify for an annulment. The marriage would have to be legally dissolved through the divorce process.

Statute of Limitation for Annulments

Illinois also has a certain time limit after a couple is married in which to petition for an annulment. Those limits depend on the reason for the annulment:

• Ninety days – The annulment must be filed within 90 days of the marriage if a spouse was under the influence of alcohol and/or drugs, had a mental impairment at the time of the marriage, or was forced into the marriage.

• One year – A person has one year from the date of marriage to file for an annulment if they discovered their spouse cannot have sexual intercourse.

• The child turns 18 – If a minor child got married without a parent or guardian’s permission, an annulment can be filed up until the child turns 18 years of age.

• No limit – There is no time limit on filing for an annulment if a person discovers their spouse was already legally married to someone else or if the marriage was otherwise prohibited by Illinois law.

Contact a Kane County Divorce Attorney

If you have decided that declaring your marriage invalid is the best choice for you, Attorney Matthew Williams is a skilled Aurora annulment attorney and will be able to guide you through the legal process for obtaining an annulment. Call the Law Office of Matthew M. Williams, P.C. today at 630-409-8184 to schedule a confidential consultation.

Source:

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