Should You Choose Divorce, Separation, or Annulment?

 Posted on December 11, 2024 in Divorce

All marriages go through rough patches, but in some cases, a "rough patch" may last for months or even years. When it feels like there are more bad days than good, one or both spouses may begin to consider splitting up. The question at this point is whether it is time for a separation – perhaps a trial separation – a divorce or an annulment.

It is important that you have a full understanding of the differences between these choices and know how each would apply to your specific situation. If you are considering uncoupling, it is time to speak to an experienced Aurora, IL divorce attorney from The Law Office of Matthew M. Williams, P.C..  

When is Annulment Possible in Illinois?

While a divorce ends a legal marriage, an annulment declares the marriage was never valid at all. Annulments in Illinois are granted for very specific purposes only, including:

•  One spouse was not mentally capable of consenting to the marriage because of mental illness, intoxication, or another issue that shows a lack of capacity.
•  One or both spouses were under the legal age of marriage, which is 18 in the state of Illinois, without parental consent.
•  One spouse was under duress to agree to the marriage or was deceived in some way.
• One spouse was already married to another person at the of the current marriage.
•  One spouse is physically unable to engage in sexual relations, and the other was unaware of this when they married.

An annulment must be sought within 90 days of learning about a lack of capacity.

When is Legal Separation Preferable to a Divorce?

A legal separation does not end a marriage like a divorce does, yet it can be preferable in the following situations:

• A couple may have religious beliefs that prohibit divorce. Legal separation allows the spouses in this situation to live separately without violating his or her religious beliefs.
• One or both spouses may not be ready to end the marriage and may be considering reconciliation. They may also want a temporary relationship while they move through the issues that will be a part of their divorce if they choose that route.
• Some couples may choose separation to maintain health insurance or certain tax benefits.
• There are certain protections offered during separation, including temporary child support, spousal support, and decisions on asset division.

When Divorce is the Best Option

Couples who do not qualify for an annulment or do not want the inconclusiveness of a legal separation may choose divorce. A divorce may be contested or uncontested. In an uncontested divorce, the couple agrees on every issue associated with the divorce. There are few truly uncontested divorces; most couples disagree about at least one divorce issue.

Some couples will qualify for a simplified divorce if they have been married for a relatively short time, have no children, and have few assets to divide. Illinois is a "no-fault" state, so neither spouse must prove the other is at fault for the breakdown of the marriage. Stating the marriage is over because of irreconcilable differences is Illinois's only legally recognized grounds for divorce.  

Divorce involves allocating parental responsibilities, determining child support and spousal support (if warranted), and dividing marital assets. While most divorces last several months to a year, some drag on for years. Whether you are considering divorce, legal separation, annulment or even the dissolution of a civil union, it can make the process much smoother when you have a highly skilled divorce attorney by your side.  

Contact a Kane County, IL Divorce Attorney

When you have a knowledgeable North Aurora, IL divorce attorney from The Law Office of Matthew M. Williams, P.C., you will have a strong legal advocate who can help you make the decisions you need to make to move forward with your life. Attorney Matthew M. Williams focuses his practice on mediation and collaborative divorce to reduce costs and make the process more amicable. Call 630-409-8184 to schedule a consultation to discuss your divorce or other family law issues.