St. Charles Annulment Lawyers

Annulment Lawyers Serving Clients in Kane County

There are three things that can end a marriage—divorce, death, and annulment. An annulment differs from the other two in that it does not only end a marriage, but declares that from a legal perspective, the marriage never really occurred. In Illinois, an annulment is obtained when a judge grants a “judgment of invalidity” for the marriage.

At the Kane County family law firm of Goostree Law Group, we are experienced and knowledgeable about this area of the law. Our attorneys understand what is required to invalidate a marriage, and we can effectively advise and represent you in the process.

Grounds for Annulments in Kane County

Getting a judgment of invalidity for a marriage is not easy in Illinois, but in certain circumstances, it is possible. In order to have your marriage annulled, one of the following must be true:

  • You or your spouse did not have the capacity to consent because of mental impairment at the time the marriage was executed. This could be because of drug or alcohol intoxication or a mental problem;
  • You (or your spouse) agreed to get married under duress, by force, or because of fraud;
  • The marriage cannot be consummated because one spouse cannot physically have sexual intercourse and the other spouse did not know about it before the marriage;
  • The marriage is not legal because it is bigamous or incestuous; or
  • You or your spouse is under 16 years old, or 16 or 17 years old and did not have consent from both parents (or a judge) to get married.

There are certain statutes of limitations that apply to seeking a judgment of invalidity in Illinois. If you are seeking an annulment based on mental impairment, duress, force, or fraud, you must file for it within 90 days of the marriage. If you are seeking an annulment based on sexual incapacity, you have one year from when the impotency was discovered to file. If you are seeking an annulment based on being underage, you (or a parent of guardian) must file before reaching legal age. When the grounds are bigamy, however, a spouse or the child of one of the spouses can file up until 3 years after the first spouse dies. An annulment filed due to bigamy may be pursued due to inheritance issues or in order to remarry and clear the record of the marriage.

Contact Our St. Charles Annulment Attorneys

If you are interested in getting your marriage annulled, contact us at 630-584-4800 to schedule a free consultation to discuss your options. We will answer your questions and give you our experienced opinion on whether or not an annulment is possible and what the process will entail. If an annulment is not legally possible, we can help you get a divorce to end your marriage as well. Our attorneys handle cases throughout Northern Illinois including Kane County and the surrounding areas.

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