What is Needed For an Annulment in Illinois?

 Posted on September 27, 2023 in Chicago divorce attorney

There is not an official court action in Illinois for a marriage annulment. Instead, you will need to ask a judge for a judgment of invalidity. The meaning is the same but the outcome is rarely granted. This is because the grounds that must exist before you can ask a judge for a judgment of invalidity are very specific.

Whether a judgment of invalidity is right for you depends on your individual circumstances. Before you petition a court, it is important to speak with an experienced annulment attorney to discuss your case and determine if you meet the grounds necessary in the state of Illinois.

What are the Grounds for a Judgment of Invalidity?

In Illinois, there are four reasons the court outlines for invalidating a marriage:

• One spouse was unable to consent to the marriage because he or she was under the influence of alcohol or drugs, has a mental incapacity, or was forced or under duress by the other spouse, or the other spouse engaged in fraud regarding a marriage detail

• Either spouse was unable to consummate the marriage

• At least one spouse was underage at the time of the marriage without parental consent

• The marriage was already prohibited by law (i.e. one spouse was already married, or both parties were too closely related by blood or adoption)

One of the main drawbacks of an annulment is that it can be difficult to get. The court must find that one of the grounds for annulment exists, and you must provide evidence to support your claims.

How Do I File For an Annulment?

To get your marriage invalidated will require the same paperwork as a divorce filing. Instead of filing for a Petition of Dissolution of Marriage, you will need to file it as a Petition of Invalidity of Marriage.

You must file the petition with the local circuit court and it must state the grounds for the annulment. You will do well to know the time limits specific to your reasoning for the invalidation. After filing your petition, your spouse will be served with a copy. This gives them a chance to respond to and contest the annulment.

Both parties must attend the court hearing. At this time, you can present your evidence to the court on why the marriage should be invalidated. The judge will determine whether or not the marriage is to be invalidated. A decision to invalidate the marriage will result in a judge signing the Declaration of Invalidity of Marriage. The decision will be entered into public record showing you were never legally married.

Is a Divorce a Better Option?

Generally, the only reason to choose an annulment over a divorce is to avoid court-ordered payments. A court could divide a couple's property and force one spouse to pay money to the other. In terms of which is easier, a divorce has less strict requirements in Illinois than an annulment.

Contact a Kane County, IL Annulment Attorney

The decision to have your marriage invalidated should not be taken lightly. Understanding the grounds necessary to petition for an annulment is a necessity and a skilled Aurora, IL annulment attorney can help. Attorney Matthew Williams of the The Law Office of Matthew M. Williams, P.C. will be able to guide you through the legal process for obtaining an annulment. Contact the firm today at 630-409-8184 to discuss your options.