There are conditions that disqualify a marriage in the state of Illinois that will allow you to open up the opportunity for an annulment and sidestep the expensive, drawn-out divorce process. This is why it is important to retain the services of a knowledgeable Morton divorce lawyer at Butler, Giraudo & Meister, P.C. who will help you comb through your potential defenses.
How does the state of Illinois define an annulment?
Annulment refers to the legal process of invalidating a marriage. Specifically, an annulment means that despite the two parties’ attempts to enter a marriage, it was invalid from the start and thus nonexistent. This is different than a divorce, in which the marriage was lawful and thus existed. Upon termination of this valid marriage, property division and alimony must be decided.
What are the grounds for annulment in Illinois?
Like most states, Illinois lists certain conditions and relationships that disqualify a couple from getting married in the first place. The main provisions of Illinois annulment and prohibited marriage laws read as follows:
- The parties were physically incapable of consummating the marriage or otherwise never lived together.
- One of the parties was mentally incompetent and unable to properly enter a marriage contract, whether it be to infirmity or the influence of alcohol or drugs.
- One of the parties had a lack of consent or duress.
- There were fraudulent representations that would make the performance of the duties and obligations of the marriage relation impossible.
- One of the parties was not of legal age to get married.
- One of the parties was already married, a crime which is otherwise known as bigamy. Exceptions to this include if the former spouse has been absent for at least five years and assumed as deceased, the former marriage ended in divorce, or the former marriage has been declared void by the courts.
- The two parties are close relatives.
- The two parties had a common-law marriage.
If any of these circumstances are applicable to you, contact a seasoned Morton divorce lawyer today.
What is the statute of limitations for annulment in Illinois?
The state of limitations in Illinois to file for annulment depends on the circumstance at hand. For example, if the reason for invalidating the marriage is lack of capacity, the statute of limitations is 90 days from the date of knowledge. For inability to consummate, this is one year from the date of knowledge. And for one party being underage, the statute of limitations holds until that party reaches the age of consent. Overall, all petitions for annulment must be brought before the death of either party.
Contact Our Experienced Illinois Firm
At Butler, Giraudo & Meister, P.C., our divorce lawyer will help you navigate the divorce or family law matter you are facing. We provide effective and compassionate legal counsel for the following legal matters: divorce, alimony, division of marital assets, child custody, and child support. Contact us today.