What is an Annulment?

 Posted on September 26, 2013 in Divorce

When talking about divorce, it is not uncommon for the term “annulment” to pop up in conversation. Because it is not as popular as divorce, many people are unclear as to what exactly an annulment is and what it entails. According to divorcenet.com, annulment is defined as “a legal proceeding to declare a purported marriage invalid. When a marriage is annulled, it is as if it had never happened. Usually, the court makes a declaration on invalidity retroactive, declaring the marriage invalid as of the date the ceremony occurred.” As enticing as an annulment may seem, not all couples can qualify for it. In Illinois, there are four major grounds for annulment of a marriage. They are as follows:

• One party lacked the ability to consent to the marriage at the time of the ceremony, due to mental incapacity or infirmity or the influence of drugs or alcohol. These ailments can include mental retardation, psychosis, or dementia.
• A party does not have the ability to consummate the marriage by sexual intercourse, and the other party was unaware of the disability.
• One party was under the legal age of marriage and did not have the consent of a parent or guardian.
• The marriage was prohibited. This can occur when one party is already married at the time of the ceremony.

You must take a fewsteps in order to be granted an annulment from the court. First, you must visit you county circuit clerk’s office so that you can request an Illinois Petition for Annulment form. You must completely fill out this form and submit it to you county’s circuit court clerk office. From there, you will be contacted with a hearing date. Annulment is not the same as divorce, which reverses a marriage. Annulment erases a marriage, as if it never existed in the first place. However, annulment is not for all couples. If you have any questions regarding annulment or divorce do not hesitate to contact an Illinois divorce attorney to assist you.