Yes, annulments declare the marriage void as if it never existed, while a divorce dissolves a valid marriage and ends the legal relationship between spouses.
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In-Depth Explanation
In Illinois, annulments and divorces are distinct legal processes with different outcomes:
- Annulment: An annulment, legally referred to as a “declaration of invalidity of marriage,” establishes that the marriage was never valid under the law. Common grounds include fraud, bigamy, mental incapacity, or being underage without consent. Once granted, it is as if the marriage never legally existed.
- Divorce: A divorce ends a valid marriage and addresses issues such as property division, spousal support, child custody, and child support. Unlike an annulment, a divorce does not question the validity of the marriage but formally dissolves it.
Example: If a spouse discovers their partner was already married (bigamy), an annulment may be granted. On the other hand, if irreconcilable differences arise in a valid marriage, a divorce is the appropriate legal solution.
Steps or Processes
- Determine Eligibility for Annulment:
- Confirm that your situation meets one of Illinois’ annulment grounds.
- File for Annulment or Divorce:
- Submit the appropriate petition to the court based on your situation.
- Provide Evidence:
- Annulments require proof of invalidity, such as fraud or bigamy. Divorces address marital issues like custody and asset division.
- Attend Court Hearings:
- Present your case to a judge for approval of an annulment or finalizing a divorce.
- Receive a Judgment:
- Annulments void the marriage, while divorces dissolve it.
How Attorneys Can Help
Attorneys provide critical assistance by:
- Explaining the differences between annulments and divorces to determine the best option.
- Filing and managing the required legal documents for your case.
- Representing you in court to protect your rights and ensure a fair outcome.
What’s Next?
If you’re unsure whether to pursue an annulment or divorce, call (630) 366-1760 to consult with an experienced family law attorney today.
Important Disclaimer
This website is not a law firm and provides general informational content. For personalized legal advice, consult with a qualified attorney.
