Annulment In Illinois 2024 Guide – Forbes Advisor – Technologist

Annulment is a legal process that declares a marriage void. It does not dissolve a marriage in the same way that a divorce does. A divorce doesn’t erase the marriage or say that it was never a valid union. An annulment does.

There are different types of annulment. Some religious institutions annul marriages. Those religious institutions don’t have the ability to undo your legal marriage, though. If you want to be viewed by the law as never having married, you will need to learn how to get an annulment through the courts.

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What Is Annulment?

Annulment is not a type of divorce and it is not a religious dissolution of marriage, as mentioned above. A legal annulment occurs when the marriage was never valid from the start and a court rules that this is the case.

There are different rules for annulment in different states. For example, the laws for annulment in Texas vs. annulment in Florida vs. annulment in Illinois can vary substantially. Illinois is unique in that they have actually changed the language used to describe what happens when a marriage is declared null and void.

Under Section 301 of the Illinois Code, the law no longer enters a judgment of annulment when someone wants their marriage voided. Instead, the court can enter a “judgment declaring the invalidity of a marriage.”

Legal Grounds for Annulment in Illinois

Section 301 of the Illinois Code establishes the legal grounds for annulment in Illinois. There must be grounds, or reasons, for the court to annul a marriage. There are four grounds available to have your marriage declared invalid in Illinois under this statute. They include:

1. Lack of capacity to consent to the marriage. At the time of the marriage, if either party lacked the capacity to consent because of mental incapacity or infirmity; because they were under the influence of alcohol, drugs or other incapacitating substances; or because they were induced to enter into the marriage by force, fraud or duress, then the court can invalidate the marriage.
2. Inability to consummate the marriage. If either party lacks the physical capacity to consummate the marriage by engaging in sexual intercourse, and the other party was unaware of this when they got married, then the marriage can be invalidated.
3. Underaged marriage. The court can invalidate a marriage if one of the spouses was 16 or 17 years old and did not have either judicial approval or the consent of his or her parents or guardian.
4. Prohibited marriage. Finally, in some situations, a marriage can be invalidated because it is prohibited under the law. This may occur if the marriage is bigamous (one person was already married) or incestuous (when close relatives get married).

Distinction Between Annulment and Divorce in Illinois

There are important differences between annulment and divorce in Illinois.

First and most importantly, a divorce does not mean the marriage is declared invalid. The marriage is not undone or erased when you get a divorce. Instead, a divorce dissolves the legal union.

When a couple files for divorce, the focus is on how their lives can be separated. They address issues such as how property is divided in community property states or equitable distribution states. They also need to know the rules on spousal support because, for example, California alimony rules and Florida alimony rules differ.

When a couple files for annulment, on the other hand, the purpose of the proceeding is to have the entire marriage erased from the record so it is as if the two people were never married. A couple whose marriage is annulled does not get divorced, although they may have to take similar steps as far as dividing up assets and determining custody of children. In the eyes of the law, though, once the marriage is annulled, they have never been wed at all.

Spousal support cannot be awarded in annulment since the couple was never legally married. Child support can be ordered if child support is determined.

There are also differences when it comes to qualifying for annulment vs. divorce. Virtually anyone can get a divorce if they simply say that they want one and claim their differences are irreconcilable—every state allows no-fault divorce. If the couple agrees, they can even get a cheap divorce that’s uncontested and requires very little involvement from the court.

To qualify for an annulment, though, you must have grounds. You can get your marriage annulled only for one of the four specific reasons mentioned above. Even if both parties want the marriage declared invalid, that will not happen unless the criteria above is met.

The best divorce lawyers in Chicago or in your local area can help you to determine if you are eligible for annulment in Illinois and, if so, they can guide you through the process.