Getting an Annulment in Illinois

 Posted on July 12, 2021 in Divorce and Family Law

While annulment and divorce are often categorized together, both processes have their own distinct criteria and need to be considered separately. Divorce is the end of a valid marriage, whereas annulment ends the marriage due to its lack of validity. Contrary to popular belief, annulments are not easily acquired and require specific criteria to obtain. A DuPage County family law attorney can make this process much smoother and represent your annulment case.

Annulment is a challenging process with strict deadlines, however, it will help spouses avoid difficult proceedings such as property division and shared marital debt. Additionally, the judgment leans toward returning to the lives of both parties prior to marriage.

Grounds for Annulment in Illinois

In the state of Illinois, the annulment process is referred to as a judgment of invalidity. There are four ways in which you can be granted this type of judgment in Illinois.

One way to get a marriage annulled is if one of the spouses was incapable of consenting to the marriage. This could be due to a number of factors including intoxication, mental incapacity, or duress. In order to meet the criteria for this judgment, the spouse needs to petition this within 90 days of learning of what happened.

Physical incapacity is also a way in which to acquire a judgment of invalidity. This must be petitioned within one year of learning of the spouse's impotence.

If a spouse was underage at the time of the marriage and failed to obtain parental or guardian consent to the marriage, the marriage may be annulled. In this case, the petition can be filed by either the underage spouse or the spouse's guardian. This type of annulment must be petitioned prior to the underage spouse reaching legal marriage age.

Lastly, an annulment is possible if the marriage was illegal. Illegal marriages include marriages in which one of the spouses was already married or if the spouses were closely related by blood or adoption. This type of annulment has no time constraints and may be petitioned at any time.

Contact a Wheaton, IL Annulment Lawyer Today

Achieving a judgment of invalidity evidently has several requirements. While it may suit your circumstances appropriately, it is wise to get in touch with an experienced DuPage County family law attorney who can help you through this process. Contact the law office of Stock, Carlson & Duff LLC at 630-665-2500 to schedule a consultation and find out if an annulment is right for you.

Sources:

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