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Are You Allowed to Get an Annulment in Illinois?

Posted on in Prenuptial Agreement

IL divorce lawyerPeople usually envision their wedding day as being a moment full of hope and joy. And while for many couples it is exactly that, the days and months following the wedding may be equally full of surprises and disappointments. It can be hard to know someone without living with them, and even then, people can be surprisingly good at covering up important information when it suits their purposes. In times like these, it can be useful to know when it may be possible to declare your marriage invalid. Also known as getting a marriage annulled, a declaration of invalidity of marriage can end your relationship without going through the hassle of a divorce.

When Can Someone Get an Annulment?

Not everyone who gets married and quickly regrets it can get an annulment. Unlike a divorce, in which someone does not need to declare grounds at all, there are only four grounds for annulment in Illinois. These are:

  • Illegality - A marriage is illegal if one spouse was already married or if the spouses are too closely related. Siblings and first cousins cannot get married in Illinois unless the first cousins are over 50 years old or are infertile. Although most annulment grounds have time limits, a couple who discovers they are too closely related can annul their marriage at any time.
  • Age - If one spouse was under age 18 and did not have parental consent, the marriage may be declared invalid. Even with parental consent, someone cannot get married in Illinois before age 16. An annulment must take place before the age of legal adulthood or parental consent.
  • Consent - If a spouse was incapable of consenting because of mental illness or drug or alcohol use, a marriage can be annulled. This occasionally happens when a drunk couple decides to wed in a spur-of-the-moment ceremony, but it can also happen when a partner was having a psychological breakdown or was unmedicated and did not understand the full implications of getting married. An annulment for lack of capacity to consent must take place within 90 days.
  • Lack of consummation - If a couple gets married and discovers that one spouse is not capable of consummating the marriage through sexual intimacy, as long as the other spouse did not about the physical incapacity, the marriage can be annulled. An annulment for lack of physical capacity must take place within a year.

Call a Wheaton, IL Annulment Attorney

At Stock, Carlson & Asso. LLC, we know that sometimes the unexpected happens. That is why our DuPage County annulment attorneys are committed to helping you explore the available options to end your marriage as soon as possible. Schedule your comprehensive consultation by calling us today at 630-665-2500. We are available for consultations over the phone, in person, or by teleconference.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+III&ActID=2086&ChapterID=59&SeqStart=3137500&SeqEnd=3900000

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