The Difference Between an Annulment and Divorce in Illinois

 Posted on April 04, 2023 in Divorce

The end of a marriage is stressful and an emotional time for all parties involved, and legal matters add complexity to the process. There are two main ways to end a marriage legally in Illinois: an annulment or a divorce. There are significant differences between the two, both in terms of the legal requirements and consequences. Of course, you should always consult a Naperville divorce lawyer or a DuPage County family law attorney for legal guidance pertaining to your individual situation.

What Is an Annulment?

An annulment is a legal process that declares a marriage to be void or invalid. This means that in the eyes of the law, the marriage never existed, and it is erased from the legal system.

To get an annulment in Illinois, you or your attorney must prove that your marriage is invalid based on one of the following grounds:

●          Bigamy

●          Fraud

●          Duress

●          Underage

●          Mental incapacity

●          Physical incapacity

Moreover, there is a time limit for filing an annulment. The petitioner must file for annulment within 90 days of discovering the invalidity of the marriage, except in cases of bigamy.

What Is a Divorce?

A divorce is a legal process that dissolves a marriage that is legally valid. To get a divorce in Illinois, you must prove that there are irreconcilable differences that have caused the irretrievable breakdown of your marriage.

This is commonly referred to as a “no-fault” divorce either spouse can file for divorce. There is also no time limit for filing for divorce in Illinois, unlike filing an annulment.

The Difference Between an Annulment and Divorce in Illinois

Apart from the legal requirements mentioned above, the main difference between an annulment and a divorce in Illinois are the legal consequences that follow these processes.

If an annulment is granted, it means that the marriage was never valid, and therefore, there are no marital property rights or obligations. Both parties are free from dividing assets and there are no obligations toward one another.

However, there are exceptions to this rule. For example, if the couple had children during the marriage, they may still be subject to child support and custody arrangements. Such exceptions tend to complicate an annulment.

A good thing about an annulment in Illinois is that it does not call the paternity of the children into question, unlike in some other states. Any children born or adopted of an invalid marriage are the lawful children of the parties involved. 

Contact our Naperville Divorce Lawyer

While both annulment and divorce can end a marriage, they differ significantly in terms of legal requirements and consequences. Whether you are seeking an annulment or a divorce, seek the advice of a qualified attorney to ensure that your rights and interests are protected.

If you want to learn more about annulment and divorce in Illinois, contact our DuPage County family law attorneys at 630-352-2240 for a consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+III&ActID=2086&ChapterID=59&SeqStart=3137500&SeqEnd=3900000