Can I Get An Annulment in Illinois?
Posted on August 29, 2022 in Divorce
In Illinois, if you want to get your marriage annulled, you can petition the court for a Declaration of Invalidity. Many people assume they can easily get their marriage annulled. However, it is more difficult to receive an annulment than a divorce, contrary to the commonly held belief that divorce is more difficult to achieve.
A Declaration of Invalidity of Marraige deems a marriage invalid. Divorce ends a marriage. Annulment, on the other hand, states that a marriage was never valid to begin with.
To get a marriage annulled in Illinois, there must be proof of impotence, bigamy, or proof that one party was unable to consent at the time of the marriage. This may be due to coercion, force, or the influence of alcohol or drugs. If an individual was underage at the time of marriage commencement, that is also proof of invalidity of marriage. Though these examples may seem simple enough to prove, it is often difficult to provide sufficient evidence. This is demonstrated in the court’s seldom practice of granting Declarations of Invalidity outside of the circumstance in which one spouse was under the age of consent.
How Does a Declaration of Invalidity Differ From Divorce?
Divorce and annulments are very different in the sense annulments mean the state will no longer recognize the marriage as valid, and any record of the union will be discarded. A divorce is a legal dissolution of marriage, though the state recognizes the union was once valid. If you are looking for a divorce, proceedings differ greatly. To begin the process of divorce, you must first petition the court, and following a petition, you must provide grounds. It’s important to note that Illinois only recognizes irreconcilable differences, or the irretrievable breakdown of the marriage, as grounds for divorce.
Legal Counsel
If you are looking to dissolve your marriage by means of either annulment or divorce, it is crucial to involve an experienced attorney. An attorney will represent you in divorce or Declaration of Invalidity proceedings. A skilled attorney could help you understand your rights in either case. In the event of division of property, debts, child support, or financial obligations, a lawyer can help you pursue the settlement or judgment you deserve.
If you feel as though your marriage is a result of coercion or one party was under the influence or not of the age to legally consent, an attorney can help you gather evidence in order to petition for a Declaration of Invalidity. If your partner was married at the time of your wedding ceremony, an accomplished attorney can assist you in gathering evidence of invalidity as well.
Contact a Kane County Divorce Lawyer
If you’re looking for guidance in the process of petitioning for a Declaration of Invalidity or divorce, contact Geneva family law attorneys at the Law Offices of Douglas B. Warlick & Associates. The experienced attorneys with the Law Offices of Douglas B. Warlick & Associates are prepared to provide their clients with experienced legal counsel. Call the phone number 630-232-9700 to consult with an attorney today.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+III&ActID=2086&ChapterID=59&SeqStart=3000000&SeqEnd=3700000
