What You Should Know About Annulments

 Posted on August 22, 2014 in Annulments

Annulments, also known in the state of Illinois as a Declaration of Invalidity of Marriage, is a way for a couple who wish to no longer be married to legally dissolve the marriage. However, there are things you should know about annulments and the special circumstances that must be met.

Specifically, in the state of Illinois, there are several grounds that must be in order to qualify for an annulment, as well as a time limit in which a case must be filed.

These grounds and time limits in the state of Illinois are as follows:

• Coercion and duress, or otherwise referred to as a “shotgun wedding.” These annulment claims must be filed within 90 days.
• Mental incapacity, either due to mental incapacity, or drugs and alcohol. These annulment claims must be filed within 90 days.
• Fraud, which must involve the essentials of a marriage. These annulment claims must be filed within 90 days.
• Physical incapacity to consummate the marriage, with the condition existing at the time of the marriage. These annulment claims must be filed one ear of learning of the condition.
• If a member of the party is of the age of 16 or 17 and does not have parental consent by a legal guardian. These annulment claims must be filed by the minor’s 18^th birthday.
• The marriage is prohibited, which typically occurs when a parent marries a child, or aunts or uncles marry their nephews or nieces. These annulment claims can be filed at any time, or by the child if a claim is filed within 3 years of the first party’s death.

Unfortunately, many parties who wish to have an annulment do not qualify, resulting in the need to go through the divorce proceedings. It is always best to speak with an Annulment Attorney before making any decisions.

The attorneys at Cosley Law specialize family and criminal law and have been practicing in the Chicagoland area for more than 20 years. Contact our firm with any of your family or criminal law needs today.