How Can I Get My Marriage Annulled in Illinois?

 Posted on July 10, 2024 in Annulments

Divorce is a complex legal process. Without the right Illinois divorce attorney, it can be utterly overwhelming. Some spouses therefore look for ways around divorce, such as other legal procedures that may allow them to avoid the headache of the divorce process. Mistakenly, some think that annulment is a simpler alternative to divorce. However, this is usually not the case.

Whereas divorce ends the marriage, an annulment makes it so that the marriage never existed. This is done in cases where the marriage is illegal or illegitimate to begin with. This article will discuss when a marriage can be annulled and the annulment process.

Can My Marriage Be Annulled?

When a court grants an annulment, it means the law considers the marriage to have been invalid from the start. A couple has valid grounds for annulment if:

• One of the spouses was under 18 at the time of the marriage and did not have parental consent.

• At least one of the spouses was already married to someone else when the marriage was declared. 

• At least one of the spouses could not consent to the marriage. This could be because he or she was under the influence of alcohol and/or drugs, mentally disabled, or under duress at the time of the marriage.

• The spouses are too closely related.

• One of the spouses has not been able to consummate the marriage, meaning he or she cannot perform sexually, which the other spouse was not aware of at the time of the marriage.

In any of these cases, you can file for an annulment provided you do so within the appropriate time frame.

How Long Do I Have to File for Annulment?

The law prescribes different time limits for filing for an annulment, depending on the reason. If one of the spouses did not properly consent, for example, he or she has 90 days to request an annulment. If a spouse is unable to consummate the marriage, the time limit is one year from the day his or her inability is discovered. If a spouse was underage at the time of the marriage, he or she may request an annulment until his or her 18th birthday. If the marriage was illegal because the spouses are closely related or one of them was married to someone else, there is no time limit on filing for annulment.

What Is the Annulment Process?

The annulment process begins just like the divorce process: by filing a petition with the court. To annul the marriage, a spouse must file a Petition for Declaration of Invalidity of Marriage with the county clerk. As in divorce, your spouse will have 30 days to respond in Kane County. 

However, annulment is typically a shorter affair than divorce, because:

• Each party usually retains whatever possessions he or she acquired instead of dividing it with the other spouse.

• Courts typically do not order alimony in annulments.

Contact a Kane County, IL Annulment Attorney

Whether you require an annulment or divorce, hire a St. Charles, IL annulment lawyer to keep the process as smooth as possible. At Goostree Law Group, we will use our skills and resources to guide you through each step and make sure your interests are well-protected throughout. Schedule a free consultation with one of our excellent attorneys by calling 630-584-4800 today.