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Can You Get Your Marriage Annulled in Illinois? 

Posted on in Annulments

naperville divorce lawyerIf you believe that your marriage was a mistake, you may be considering getting a divorce. However, you may qualify for an annulment in Illinois. An annulment or "Declaration of Invalidity of Marriage" allows two partners to legally exit a marriage that is deemed fraudulent or invalid. If you want to get your marriage annulled, a divorce attorney can help you understand whether you qualify for an annulment. If you cannot get your marriage annulled, you may need to pursue a divorce instead. 

When  Can You Get a Marriage Annulled in Illinois?

Not all marriages can be annulled in Illinois. An annulment has strict requirements and is actually more difficult to obtain than a divorce. In order to qualify for an annulment in the state, the marriage must violate the law or public policy in some way. Here are some valid reasons for seeking an annulment: 

  • One spouse was underage at the time the marriage took place and did not have parental consent to get married.

  • At least one spouse was already married to someone else when the marriage took place.

  • One or both spouses could not consent to the marriage because of mental disability, coercion, or being under the influence of drugs or alcohol.

  • One spouse is unable to have sexual intercourse and the other spouse did not know this when the marriage was performed.

  • The spouses are too closely related.

How to Obtain an Annulment in Illinois

If you are considering getting an annulment in Illinois, it is important to educate yourself about the legal deadlines. If you, for example, want to get your marriage annulled because of fraud, duress, mental disability, coercion, or intoxication, you must file the judgment within 90 days after finding out what happened.

If seeking an annulment due to youth, the underage spouse has to file before he or she turns 18. If sexual impotency is the problem, the annulment has to be filed no more than one year after learning about the issue.

Next, it may be in your best interest to consult with an experienced divorce attorney. He or she may help determine if your marriage qualifies for annulment and address all your questions and concerns.

Contact a DuPage County Divorce Attorney

If you do not qualify for an annulment and want out of your marriage, it may be necessary to file for divorce. Speak to a Naperville, IL divorce lawyer about your case promptly. At Pesce Law Group, P.C., we understand how stressful the divorce process can be and want to guide you every step of the way. Call us at 630-352-2240 to set up a free consultation.



Source:

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

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