Can I Get My Illinois Marriage Annulled?

 Posted on June 22, 2022 in Annulments

We have all made major decisions that we later wish we could undo. When it comes to undoing a marriage, the qualifying reasons under Illinois law to get a marriage annulled are very limited. If your situation does not meet one of the four reasons listed below, you must follow the legal procedures for divorce under Illinois law, even if your marriage has not lasted very long. It is best to work with an experienced attorney who can learn about your situation and guide you through the process.

Qualifying Reasons for an Annulment in Illinois

There are four circumstances in Illinois under which a married couple can have their marriage annulled. Each case also has a time limit before which the Declaration of Invalidity of Marriage must be filed. If the marriage does not meet one of the criteria or the time limit has passed, the couple either must stay married or seek a divorce. The qualifying circumstances and time limits are:

• One spouse did not legally consent to the marriage. This can be due to a mental disability, the influence of drugs or alcohol, or through coercion, fraud, or distress. Under this situation, the annulment must be filed within 90 days of the marriage.

• One spouse was under 18 at the time of the marriage and did not have the consent of a parent, legal guardian, or the court. The annulment must be filed before the underage spouse turns 18.

• One spouse could not consummate the marriage and hid that fact from the other spouse. You must file for an annulment within one year of the marriage date.

• The marriage was illegal. This can be due to one spouse already being married or due to the spouses being close blood relatives. In this case, there is no time limit on the annulment.

If a marriage is annulled, it will basically be like the marriage never took place. Property and assets are usually given back to the spouses and are not subject to equitable distribution like in a divorce, and no spousal support or alimony will be granted.

Contact a Rolling Meadows Divorce Attorney

Whether your marriage meets the qualifications for an annulment or you need to follow the standard divorce process, the Law Offices of Donald J. Cosley will be by your side. Our Arlington Heights divorce attorney will work to ensure that your needs are met, and you can start working towards a better tomorrow. For your free initial consultation, call our office today at 847-253-3100.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+III&ActID=2086&ChapterID=59&SeqStart=3000000&SeqEnd=3700000