Life is full of unexpected turns of events. Sometimes, an individual gets married but quickly realizes that the marriage was a mistake. If you have found yourself in a situation like this, you may be wondering what your options are for ending the marriage. You may have heard about annulments, but you might not know exactly how a person gets his or her marriage annulled. In Illinois, annulments are only granted under certain circumstances. If you do not qualify to have your marriage annulled, divorce may be your only option for ending your marriage.

Difference Between Annulment and Divorce

While a divorce legally terminates a marriage, an annulment rescinds a marriage. An annulment, called a “Declaration of Invalidity of Marriage” in Illinois, makes it as if the couple was never married. If you receive a judgment of invalidity it is if your marriage never took place in the eyes of the law. Typically, judgments of invalidity are retroactive, meaning the judgment is effective on the marriage date. When a marriage is considered retroactively invalid, the court making the determination of invalidity will not have the authority to divide the spouses’ property or make determinations about child custody or child support. Instead, separate proceedings will need to be initiated to manage such concerns.

Grounds for a Declaration of Invalidity of Marriage in Illinois

The term “grounds” is used to describe the reasons that a judge may grant an annulment. The legal grounds for a declaration of marriage in Illinois include:

The concept of having a marriage annulled is one that is shrouded in confusion. Many people do not understand when annulment is a possible, or they assume that anyone can have their marriage annulled. In Illinois, an annulment is called a “Declaration of Invalidity of Marriage.” There are strict rules which dictate when a person can get their marriage invalidated, and only a small percentage of individuals qualify for annulment. Read on to learn about the annulment laws in Illinois as well as what to do if you need to end your marriage.

The Difference Between Annulment and Divorce

When a person gets a divorce, their marriage is ended. However, annulment does not end a marriage, it actually nullifies the marriage entirely. A couple who has had their marriage annulled makes it so that it is if the marriage never happened at all. In the eyes of the law, an annulled marriage never took place.

In some faiths, divorce is frowned upon or disallowed entirely. Because of this, some churches and other religious organizations offer annulments for individuals who do not wish to be married. It is important to note that there is a huge difference between legal annulment and religious annulment. Although a religious annulment can have great personal and cultural significance, getting your marriage annulled through the church does not legally annul the marriage. 

Annulment differs significantly from divorce or separation. While a divorce ends a marriage, an annulment cancels the marriage entirely. After a marriage has been annulled, it is as if the marriage never happened. Annulments are only granted for specific reasons in certain situations. Not just any anyone qualifies for an annulment, or as it is called in Illinois, a Declaration of Invalidity of Marriage. If you have reason to believe your marriage is invalid and should be annulled, read on to learn more.

Grounds for Annulment in Illinois

A marriage cannot be annulled just because a couple regrets getting married. If a couple wishes to have their marriage declared invalid, they must meet one of several criteria. Firstly, a marriage can be invalidated if a party could not consent to the marriage due to mental illness or incapacitation, or because one or both parties were under the influence of drugs or alcohol. A marriage which someone enters into through force, fraud, or duress can also be declared invalid. Furthermore, marriages can be annulled if one of the parties lacks the ability to consummate the marriage and the other party did not know about this incapacity. In Illinois, individuals aged 16-17 years can only get married with consent from a parent or guardian, or via judicial approval. If a party was under 18 at the time the marriage took place and did not have the required approval, the marriage can be annulled.

Prohibited Marriages

Marriages which are not allowed by law are called “prohibited marriages.” Close relatives are prohibited from getting married. This includes both blood-related and adopted siblings as well as other close relatives. First cousins are only allowed to marry in Illinois if both parties are over age 50 and at least one of the parties is infertile.

An annulment or having a marriage invalidated can be a complicated process to understand. Unlike a divorce, an annulment is only available to married people in certain situations. In order to get a marriage annulled, a couple must prove that the marriage occurred under illegitimate circumstances. Another source of confusion about annulments exists because there are religious annulments and civil annulments. Religious annulments are generally granted by clergy or religious leaders and are not recognized by the state. This article will only discuss civil annulments.

What Does an Annulment Accomplish?

Getting a marriage annulled essentially declares the marriage void. If you are granted an annulment in Illinois, the state will “cancel” your marriage and officially state that the marriage was never valid. Illinois annulments, technically called "judgments of invalidity," are not very common and are only granted if the couple meets certain requirements.

Reasons for a Judgment of Invalidity

An Illinois judge will only grant a judgment of invalidity if one of several grounds exists. A marriage can be annulled if:

Annulments 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: