Grounds for annulment in Illinois include fraud, bigamy, incapacity, or being underage without parental consent. These conditions make the marriage invalid under Illinois law.
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In-Depth Explanation
Annulment, or a “declaration of invalidity of marriage,” is a legal process in Illinois that declares a marriage void or invalid. Unlike divorce, which ends a valid marriage, an annulment establishes that the marriage was never legally valid from the start. Illinois law provides specific grounds for annulment:
- Fraud or Misrepresentation: One spouse deceived the other about an essential aspect of the marriage (e.g., concealing an inability to have children).
- Bigamy: One spouse was already married to someone else at the time of the marriage.
- Mental or Physical Incapacity: A spouse lacked the mental capacity to consent to the marriage or was physically incapable of consummating the marriage.
- Underage Without Consent: One spouse was under 18 years old and did not have parental or judicial consent to marry.
Example: A spouse discovers that their partner was already married to another person. This constitutes bigamy and provides grounds for annulment.
Steps or Processes
- Verify Eligibility:
- Confirm that your situation meets one of Illinois’ grounds for annulment.
- File a Petition:
- Submit a petition for annulment in the appropriate Illinois family court.
- Serve the Other Party:
- Provide legal notice of the petition to your spouse.
- Attend a Court Hearing:
- Present evidence supporting your claim for annulment.
- Obtain the Judgment:
- The judge issues a decree declaring the marriage invalid if the grounds are proven.
How Attorneys Can Help
Attorneys can assist by:
- Assessing whether your situation qualifies for annulment under Illinois law.
- Gathering evidence and preparing a strong case for court.
- Representing you during hearings to ensure your rights are protected.
What’s Next?
If you believe your marriage may qualify for annulment, call (630) 366-1760 to speak with an experienced family law attorney and explore your options.
Important Disclaimer
This website is not a law firm and provides general informational content. For personalized legal advice, consult with a qualified attorney.
