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Reasons for an Annulment

Posted on in Annulments

reasons for an annulment, Illinois divorce lawyerAnnulments and divorces are sometimes confused with one another. An annulment is a legal process and document stating the marriage was invalid. It appears as if the marriage never happened. A divorce is the process you go through when you want to end a valid marriage. To file for an annulment, there are strict reasons a petitioner must give and guidelines for each reason that need to be followed. When petitioning for an annulment, you should speak with a skilled annulment attorney to make certain the necessary prerequisites can be satisfied.

Causes for an Annulment

Illinois calls an annulment an Invalidity of Marriage. When you file for Invalidity of Marriage, you must list one of the reasons listed in the Illinois Marriage and Dissolution of Marriage Act. The reasons listed in Section 301 are:

Absence of Ability: One spouse in the marriage did not have the mental ability to consent to the marriage or were inhibited due to the use of drugs or alcohol at the time the marriage took place.

Impotence: A spouse is impotent and is unable to consummate the marriage by sexual intercourse, and the other spouse did not know about the impotence.

Juvenile: One of the spouses was underage at the time of the wedding, and did not have the consent of their parents or guardian or judicial approval.

Polygamist Marriage: One of the spouses had another wife or husband at the time of the wedding.

Annulment Guidelines

When applying for an annulment, you have to follow the guidelines and time limits given in the Marriage and Dissolution of Marriage Act. Time limits for each annulment reason are:

Absence of Ability: Within 90 days once the spouse filing the petition discovered the disability.

Impotence: One year from the time the spouse petitioning for the annulment was made aware of the impotence.

Juvenile: A parent, guardian, or either spouse may petition for an annulment before the juvenile spouse turns 18, which is the legal age for marriage.

Polygamist Marriage: A polygamist marriage is invalid. A petition for an annulment can be filed to verify the petitioning spouse receives a declaration of invalidity.

If you found out you were married under a false pretext, you need to speak with a Naperville divorce attorney today. The lawyers at Pesce Law Group, P.C. will assist in helping you understand the annulment process, guidelines, time restrictions, and, if needed, pursue a divorce or legal separation if the annulment process will not work. Contact us today to schedule a free initial consultation.

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