Annulment Instead of Divorce

Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,Sometimes after a few weeks, months or even years of marriage, the person who is your spouse turns out to not be quite the person you thought they were. While an annulment was more common prior to Illinois’ enactment of the no-fault divorce law, some still prefer getting a marriage declared legally invalid.

Why Some People Choose Annulment

Even though all 50 states have no fault marriage laws, people still seek an annulment. Here are some common reasons given:

  • Some people wish to avoid the social stigma of a divorce. While divorce is a common occurrence, it still carries a negative connotation.
  • It avoids casting blame on one party or the other.
  • Many people still prefer an annulment for religious reasons.
  • An annulment can impact how property and assets are divided between the parties.

What Are Valid Reasons for an Annulment?

For the first two criteria listed below a person must initiate action no later than 90 days after learning of the condition, but not after a spouse’s death:

  • One or both parties lacked the mental capacity to consent to marriage. This could be due to mental illness, or from drug or alcohol abuse to the point of infirmity.
  • One party was induced into the marriage either by force or fraud or under duress.
  • One member of the marriage lacks the ability to consummate the marriage through sexual intercourse, and at the time of the marriage, this was unknown by the other party. A person has one year after learning of the condition to begin annulment procedures, but not following a spouse’s death.
  • In the event one of the spouses was 16 or 17 years old at the time of the marriage and did not have consent of either a parent or legal guardian, an annulment can be sought by either the underage party, their parent or guardian. This must be done prior to the underage party reaching the age of consent, but not after a spouse’s death.
  • In a case of bigamy, the legal spouse can seek an annulment up to three years after the other spouse’s death.

An Illinois Annulment Attorney Can Provide You with Proper Guidance

If you believe pursuing an annulment is an appropriate option to ending your marriage, it is important that you know and understand the criteria that go along with it. Seek the advice and representation of an experienced Aurora annulment lawyer to help guide you through the process. The Law Office of Matthew M. Williams, P.C. provides the resources and assistance you need to successfully obtain an annulment. Contact their offices today to set up a free consultation to discuss your options.

Sources:

http://www.law.siu.edu/selfhelp/info/divorce/annulment.pdf

https://lifehacker.com/why-to-get-an-annulment-instead-of-a-divorce-1796451298

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