Could a Marriage Annulment Be Your Best Option?

Illinois divorce attorney, Illinois family lawyer,For some people who are going through a divorce, they may wish that their marriage never happened. Unlike a divorce, which is the process of legally separating yourself from your former spouse, a marriage annulment is a declaration of the invalidity of a marriage. In a sense, a marriage annulment is as if the marriage never took place — your legal relationship status is basically reset. While the idea of erasing a marriage may be favorable, the option is not available to all Illinois couples. There are certain circumstances that must be present before a marriage annulment will be granted.

Factors for Annulment

To begin the annulment process, a petition must be taken to the court. Once you petition the court for an annulment, you must provide evidence pertaining to the particular reason you are asking for an annulment. There are only a few specific reasons that a marriage annulment would be granted. These include:

  • A spouse could not consent to the marriage. If you believe that you or your spouse could not consent to the marriage, you must petition for an annulment within 90 days of the marriage. If one spouse was mentally incapacitated, mentally ill, under the influence of drugs or alcohol or coerced into the marriage, you may be able to have the marriage annulled.
  • A spouse could not consummate the marriage. Though this may seem like an outdated reason for a marriage annulment, it is still a valid reason in Illinois. An annulment may be possible if one spouse could not consummate the marriage through sexual intercourse and the other spouse did not know about this when they were married. An annulment must be requested within one year after the inability to consummate is known.
  • One or both spouses were under the age of 18 when they were married. In the state of Illinois, a marriage is legal when a minor is 16 or 17 years old — only if the minor’s parents or guardian give their permission. If they do not give their permission, the marriage can be annulled. The annulment must be requested before the minor turns 18.
  • The marriage was prohibited or illegal. Other situations in which a marriage may be annulled can include reasons such as the two spouses being related by blood or one or both spouses already being married with no legal divorce. This type of annulment can be requested at any time before three years after the first spouse has died.

A DuPage County Marriage Annulment Attorney Can Help

It can be somewhat difficult to obtain a marriage annulment in Illinois. In addition to marriage annulments only being granted in certain situations, there are also certain time frames during which actions for annulment must be taken. If you think that a marriage annulment may be right for your situation, you should immediately contact a knowledgeable Aurora, IL marriage annulment lawyer. At the Law Office of Matthew M. William, P.C., we can answer all of your questions pertaining to annulment or divorce — whichever your case is better suited to. Call our office today at 630-409-8184 to set up a consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3000000&SeqEnd=3700000

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