It depends on the grounds but can range from 90 days to a few years. Illinois law sets specific time limits based on the reason for the annulment.
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In-Depth Explanation
In Illinois, the time frame for filing an annulment varies depending on the grounds. These deadlines ensure that annulment petitions are brought forward promptly. Here are the timelines for common grounds:
- Fraud or Misrepresentation: You must file within 90 days of discovering the fraud.
- Bigamy: There is no time limit, as the marriage is automatically invalid if one party was already married.
- Mental Incapacity: You must file within 90 days of regaining mental capacity.
- Underage Without Consent: A parent or legal guardian must file before the underage party reaches 18.
Example: If you discover your spouse concealed a prior marriage (bigamy), you can file for annulment at any time. However, if the annulment is based on fraud, you have only 90 days to act.
Steps or Processes
- Determine the Grounds for Annulment:
- Identify the specific reason and verify the applicable time limit.
- File the Petition:
- Submit the annulment petition within the allowed time frame.
- Serve the Other Party:
- Provide legal notice to your spouse.
- Attend a Court Hearing:
- Present evidence to prove the grounds for annulment.
- Obtain the Judgment:
- If approved, the judge will declare the marriage invalid.
How Attorneys Can Help
Attorneys can provide assistance by:
- Clarifying the time limits and ensuring timely filing of your petition.
- Gathering evidence to support your claim for annulment.
- Representing you in court to achieve the best possible outcome.
What’s Next?
If you’re unsure how long you have to file for an annulment, call (630) 366-1760 to speak with an experienced family law attorney and protect your rights.
Important Disclaimer
This website is not a law firm and provides general informational content. For personalized legal advice, consult with a qualified attorney.
