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Annulment Basics in Illinois

 Posted on February 14, 2018 in Annulments

Naperville family law attorneysAnnulments are a legal option for ending a marriage that many never consider. Annulments happen less frequently than divorces or separations, but they are still useful legal tools in some circumstances. Although an annulment has the same result as a divorce in that it dissolves a marriage, annulments take a different approach. An annulment is a legal process which declares a marriage to be invalid. If a marriage is annulled, it is like it never happened. Not just anyone can file for an annulment and there must be sufficient reasons to justify invalidating a marriage.

Reasons One Can Seek a Declaration of Invalidity of Marriage

The state of Illinois refers to an annulment as the “declaration of invalidity of marriage.” When someone files for a declaration of invalidity of marriage, they must report the reason for the request. Section 301 of the Illinois Marriage and Dissolution of Marriage Act list the possible reasons someone can apply for an annulment. Some of these reasons include:

  • Fraud or misrepresentation: If a marriage was conducted under false pretenses, it can be annulled. For example, if a person marries another just to get citizenship, the marriage could be eligible for an annulment;
  • Absence of ability: If one of both spouses were not mentally capable of consenting to the marriage due to drugs, alcohol, or other reasons, it may be annulled;
  • Concealment: If one of the spouses hid information such as a substance abuse problem, a felony conviction, children from a previous partner, or sexually transmitted diseases, the marriage can be invalidated;
  • Impotence: If one spouse is unable to consummate the marriage and the other spouse did not know of this incapacity, he or she can file an annulment;
  • Juvenile: If one or both of the spouses were underage, the marriage can be invalidated; and
  • Polygamist marriage: Polygamy is against the law, so if a person already had a legal spouse when they got married, the new marriage can be annulled.

Seek Legal Advice From a Trusted Source

If you believe that your marriage should be annulled or may not be valid, a Naperville divorce attorney can help you understand what your next steps should be. The dedicated attorneys at Pesce Law Group, P.C. can help you understand the requirements for an annulment and guide you through the legal process of having your marriage declared invavlid. If annulment is not possible, we will help you pursue a divorce or legal separation. Contact us today at 630-352-2240 to schedule a free initial consultation.


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