Most people are only vaguely familiar with the concept of marriage annulment. They may have heard about celebrity couples who get married only to have their marriage annulled a few days later or heard a rumor that you can get your marriage annulled if you have not had sexual intercourse yet. The reality of the situation is much more complex.
Annulment, or as it is called in Illinois, Declaration Of Invalidity Of Marriage, is permitted by Illinois law. However, you can only get your marriage annulled in a very narrow range of circumstances.
If you are married and wish to get your marriage annulled but do not qualify for an annulment, the only option you have for ending your marriage is divorce. In this blog, we will explain when and how annulment is possible in Illinois and what you can do if you require legal help to end your marriage.
Invalidity of Marriage Requirements
When a marriage is dissolved through divorce, the marriage relationship is terminated. When a marriage is annulled through a Declaration Of Invalidity Of Marriage, it is as if the marriage never happened.
Only certain situations qualify for annulment in Illinois, including situations in which:
One or both spouses were under the age of 18 and did not have parental consent to get married.
One or both spouses were under the age of 16 at the time of the marriage.
The spouses are close family members.
One or both spouses were already married at the time of the marriage.
A spouse could not consent to the marriage due to intoxication, intellectual or mental disability, or duress.
A spouse cannot consummate the marriage, and the other spouse was not aware of this inability.
There are certain time limitations depending on the reasons for annulment. For example, if an underage spouse wishes to get the marriage annulled, they have until they turn 18 years old to do so. However, in many cases, spouses only have 90 days to ask the court for an annulment. It is important to speak to an attorney as soon as possible if you think you qualify for annulment.
Contact our St. Charles Family Law Attorneys
If you want to get your marriage annulled in Illinois, contact our skilled Kane County divorce and family law attorneys for help. We will evaluate your situation and determine whether you may be able to get an annulment. If you do not qualify for annulment, we will help you end your marriage through divorce.
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