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:
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