The Difference Between an Annulment and Divorce in Illinois

 Posted on September 19, 2026 in Divorce

There are generally two ways a marriage can legally end in Illinois. You can get an annulment or the more common divorce. There are important differences between the two, both in their legal requirements and their effects. If you are unsure which process applies to you in 2026, a Naperville, IL divorce attorney at Pesce Law Group, P.C. can explain your options.

What Is an Annulment in Illinois?

An annulment is a legal process that declares a marriage invalid. Illinois law refers to an annulment as a "declaration of invalidity of marriage." To get an annulment in Illinois, you or your attorney must show that there is a legal reason to call the marriage invalid. Under 750 ILCS 5/301 of the Illinois Marriage and Dissolution of Marriage Act, a court can declare a marriage invalid under circumstances that include:

• One spouse was already legally married to someone else when the marriage took place.
• One spouse was misled about an important part of the marriage.
• One spouse was forced or threatened into getting married.
• One spouse was under the legal age to marry and did not have the required consent.
• One spouse could not legally consent to the marriage because of a mental disability or the effects of an incapacitating substance.
• One spouse was physically unable to have sexual intercourse, and the other spouse did not know about the condition when they married.

These grounds have specific legal requirements. For example, fraud must involve an important part of the marriage rather than an ordinary lie or disagreement between spouses.

What Is a Divorce in Illinois?

A divorce dissolves the marriage. To get a divorce in Illinois, a spouse must show that irreconcilable differences have caused the marriage to break down.

Illinois follows no-fault divorce laws. This means you do not have to prove that your spouse did something wrong in order to get divorced, and either spouse can file.

Unlike an annulment, divorce is not limited to marriages that meet special requirements for invalidity. The divorce process can also address issues involving property, spousal maintenance, and children.

What Happens to Property After an Annulment in Illinois?

An annulment does not always mean that the parties walk away without any property issues to resolve. The original legal status of the marriage can affect the rights of each person.

Illinois law has rules that address property and other financial issues when a marriage is declared invalid. A court might still need to address certain financial matters connected to the relationship. For example, the court can identify marital and non-marital property, return non-marital property to its owner, and divide marital property in just proportions.

Property rights can also be affected by whether the court makes the annulment retroactive to the date of the marriage. If you own a home or other valuable property with your spouse, talk to an attorney about what an annulment would mean for those assets.

What Happens to Children if a Marriage Is Annulled in Illinois?

Having a marriage annulled does not change the legal status of the couple's children. Illinois law states that children born or adopted during an invalid marriage are still the lawful children of both parties.

Parents can still have responsibilities for child support after an annulment. The court can also address parental responsibilities and parenting time.

How Long Do You Have to Get an Annulment in Illinois?

The amount of time you have to seek an annulment is based on the reason the marriage is invalid. There is no single deadline that applies to every annulment.

Under 750 ILCS 5/302, some cases must be filed within 90 days after learning about the problem that made the marriage invalid. This applies to certain claims involving a lack of capacity, force, duress, or fraud.

A claim involving an undisclosed physical inability to have sexual intercourse generally has a one-year deadline after the condition is discovered. A claim based on an underage marriage must generally be brought before the underage spouse reaches the age at which the missing consent or approval would no longer have been required. A challenge to a prohibited marriage can be brought during the parties' lifetimes and, in some circumstances, for up to three years after the death of the first spouse.

Because these deadlines can be short, it is important to speak with an attorney immediately after discovering a possible reason that your marriage is invalid.

Contact a Naperville, IL Divorce Lawyer

If you believe your marriage could qualify for an annulment, an attorney can review what happened and explain the process that applies to your situation.

Attorney Don Pesce has almost two decades of experience handling Illinois family law matters. For a free consultation, contact the DuPage County, IL family law attorneys at Pesce Law Group, P.C. or call 630-352-2240.