Marriage Annulments in Kendall County

 Posted on October 07, 2022 in Divorce

An annulment, now legally termed "Declaration of Invalidity of Marriage," used to be a more common legal proceeding than it is today. There are now specific criteria that a spouse must prove for a court to declare a marriage invalid. Due to the strict circumstances that qualify for an annulment, along with its statute limitations, a declaration of invalidity of marriage is complex and sometimes difficult to attain. The couple should seek legal separation or divorce if the annulment petition is not filed within the allotted time frame or if the union does not violate Illinois marriage laws. A family law attorney can explain the conditions and proceedings of a divorce and an annulment and help you decide the best option.

Differences and Similarities between Divorce and Annulment (Declaration of Invalidity)

A divorce legally terminates a valid marriage, whereas an annulment legally expunges the marriage, rendering it null and void. An annulment affirms that the marriage was legally invalid, erasing it from records. Like divorces, one party may contest the annulment.

Divorces are typically easier to attain than annulments, which have specific conditions and time limits. Children of parents who get their marriage annulled still retain the same rights, including child support and inheritance. Unlike divorce, an annulment often enables each party to evade lengthy court fees, equitable distribution of property, and spousal maintenance (alimony). IT should also be noted that a civil annulment is entirely unrelated to a religious annulment.

Statute of Limitations and Grounds for Declaration of Invalidity (Annulment) in Illinois

For the court to invalidate a marriage, the union must meet one of the following criteria.

• Age – Either one or both of the spouses was under the age of 18 and did not receive parental consent.

• Bigamy – One spouse was already legally married at the time of the second marriage.

• Incest – The spouses are blood relatives.

• Substance Abuse – One or both spouses were under the influence of alcohol or illicit drugs, rendering them incapacitated.

• Mental illness – A spouse afflicted with a mental disorder could claim of not being of sound mind when marrying.

• Coercion – Sometimes, an abusive partner may threaten the spouse into marriage.

• Fraud – A spouse’s false portrayal could include only marrying to avoid deportation.

• Inability to consummate the marriage – A spouse may feign the desire to have children while knowing they are sterile.

Marriage invalidations are subject to the following conditions and time constraints.

• An annulment must be petitioned within 90 days of when a spouse discovers or acknowledges that mental illness, substance abuse, or coercion were factors in the marriage.

• An annulment must be petitioned within one year after learning a spouse is impotent.

• A parent or legal guardian has 90 days after discovering their disabled child married to petition for an annulment.

• If a minor child was married without parental or legal guardian consent, the parent or legal guardian could petition for an annulment before the child turns 18.

• In cases of bigamy, there is no time limit to petition for an annulment.

Contact a Kendall County Annulment Attorney

At The Law Office of Matthew M. Williams, P.C., qualified family law attorney Matthew M. Williams aggressively advocates for positive and peaceful solutions. Committed and results-driven, Matthew M. Williams is certified in both collaborative and cooperative law. As a divorce attorney, Matthew M. Williams is proficient in the complexities of both marriage invalidations and civil union dissolutions. If you are seeking a marriage annulment, contact an Aurora divorce lawyer at 630-409-8184.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59

https://www.americanbar.org/groups/legal_services/milvets/aba_home_front/information_center/family_law/marriage_and_divorce/annulment_separation_divorce/ending_the_marriage/annulment/