Can I Get My Marriage Annulled in Kane County, Illinois?

 Posted on February 17, 2022 in Annulments

Newlyweds are usually portrayed as doe-eyed romantics enjoying the beginning of a happy marriage. However, marriage does not always work out this way. Many newlyweds find themselves regretting their marriage vows. Spouses in this situation may wish to get their marriage annulled. However, annulments are only possible in certain situations. If you cannot get an annulment, your only option for ending your marriage is divorce.

How Can You Get Your Marriage Annulled?

Many people misunderstand what an annulment actually is. They assume that annulment is a shortcut to divorce. In reality, divorce and annulment are two different legal procedures. Divorce ends a marriage. Annulment states that a marriage was never valid to begin with.

Annulment, or as it is called in Illinois, “Declaration of Invalidity of Marriage” is only possible if there is an issue with the marriage that makes the marriage invalid or prohibited by law.

Prohibited marriages are those involving:

• Bigamy – You can only have one spouse. If a party was still legally married to someone else at the time of the marriage, the new marriage is invalid.  

• Incest – Marriage between close relatives, including certain adopted family members, is prohibited. First cousins may be allowed to wed if both parties are over age 50 or if one party is physically incapable of having children.

Invalid marriages are those involving:

• Underage parties – Usually, you have to be at least 18 years old to get married in Illinois. Individuals aged 16 and 17 can marry, but only if their parents or guardians agree to the marriage. If the spouses were underage and did not have the needed parental permissions, the marriage is invalid.

• Lack of consent – Marriage is a contract that can only be entered into voluntarily. If a spouse could not consent to the marriage because he or she was under the influence of alcohol or drugs or suffering from a mental disability, the marriage may be invalid. Marriages entered into under force or duress may also be invalid.

• Fraud – If a spouse lied about something related to the “essentials of marriage,” the marriage may be invalid.

• Lack of sexual ability – If a spouse cannot conceive children and the other spouse did not know about it before the marriage, this may be a legitimate reason to seek an annulment.

Annulments are also only available during a certain window of time. If you want to see if you can get your marriage annulled, reach out to a skilled divorce lawyer as soon as possible.

Contact a Kane County Annulment Lawyer

If you want to get your marriage annulled, contact a St. Charles family law attorney from Goostree Law Group to discuss your options. Call 630-584-4800 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3000000&SeqEnd=3700000