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Posted on in Annulments

What It Takes to Annul Your Marriage in IllinoisIn most situations, the only way to end a marriage is to divorce your spouse. However, you may be able to annul the marriage if you can prove that it was never valid. The advantage of an annulment is that you will not have to divide your properties or pay spousal maintenance because the marriage never legally existed. The disadvantage is that there is a deadline to request an annulment and you will have to put more work into arguing why your marriage should be annulled. With a divorce, you only need to prove irreconcilable differences between you and your spouse. With an annulment, you must prove one of the following conditions:

  1. Lack of Consent: A marriage is invalid if one of the parties was unable to legally consent to the marriage. This could be because you were intoxicated or mentally incapacitated when agreeing to the marriage or if you were married under duress or fraudulent circumstances. Once you realize that your marriage lacked your consent, you have 90 days to get your marriage annulled.
  2. Underage: A person cannot legally marry in Illinois if they are younger than 16. People age 16 and 17 must receive permission from their parents before they can marry. Either the underage person or their parent can request an annulment, as long as it is before the person’s 18th birthday.
  3. Incapable of Sex: A spouse can request an annulment if they learn after they were married that their spouse is incapable of having sexual intercourse. The keys to this type of annulment are filing within a year of learning and proving that you did not know before your marriage that your spouse could not have sex.
  4. Already Married: You cannot legally marry someone if they are already married and have not yet dissolved that marriage. There is no time limit to annulling an illegal marriage such as this. If you can prove that you did not know that your spouse was already married, the court may name you as a putative spouse, which would give you rights to property and maintenance.
  5. Incest: It is illegal to marry your ancestor, descendant, sibling, aunt, uncle, niece, or nephew. You can legally marry your first cousin, but only if you are both at least 50 years old or you can prove that one of you is sexually sterile.

Contact a St. Charles, Illinois, Divorce Attorney

An annulment is more difficult to receive than a dissolution of marriage, but the process after receiving an annulment is simpler than a divorce. Talk to a Kane County divorce lawyer at Goostree Law Group about whether you may be able to annul your marriage. To schedule a free consultation, call 630-584-4800.

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Posted on in Annulments

Understanding the Advantages and Disadvantages to an AnnulmentWhile divorce is the most common way for married couples to legally separate, couples also have the option to annul their marriage. Annulment dissolves the marriage on the grounds that it is invalid, which can mean the marriage retroactively never existed. In Illinois, there are four categories that qualify for annulment:

  • If the marriage is illegal, such as incest, bigamy or being forced to marry under duress
  • If one party was mentally incapable of consenting to the marriage
  • If one party was unaware that the other party was incapable of having sexual intercourse
  • If one of the parties is younger than 18 and did not receive parental consent to marry

Even if you qualify for annulment, you should consider whether an annulment is your best option. There are advantages and disadvantages to getting an annulment instead of a divorce:

Advantages

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Posted on in Annulments

annulmentjpgWhen one or both spouses want to end their marriage, they can seek a divorce. Legally, a divorce is a legal declaration that a valid marriage is over. A common misconception is that an annulment is a quicker or easier way to get divorced. In reality, an annulment is a legal order stating a marriage is not valid. In other words, it is a legal order that a legal marriage never actually existed. State law sets out very specific requirements for annulments, which can make it difficult to pursue. However, an annulment may be appropriate in some cases, and could benefit you if applicable.

Requirements for Annulment

Formally known as a declaration of invalidity, a legal order of annulment is rarely granted because of the strict legal limitations. Illinois law states that an annulment can be granted for one of the following reasons:

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Posted on in Annulments

b2ap3_thumbnail_annulment.jpgA marriage must meet certain requirements to be valid. These requirements, as well as the circumstances under which a marriage may be determined to be invalid, are outlined in the Illinois Marriage and Dissolution of Marriage Act. For example, if a couple married when one of the parties was under the influence of drugs or alcohol or otherwise unable to consent to the marriage, the marriage may not be considered to be valid. Another reason why a marriage might be deemed to be invalid is if one of the parties was already married to another individual when the wedding ceremony was performed or one of the parties somehow lied about his or her identity, causing the other partner to marry him or her under false pretenses. If a minor married without parental consent, that marriage, too, may be deemed to be invalid. When a couple's marriage is invalid, they may end it through a process known as annulment. Getting an annulment is not the same as getting a divorce. When a couple divorces, their legal, valid marriage is dismantled. When a couple gets an annulment, their marriage is wiped from the record as if it had never occurred.

The Annulment Process

The annulment process differs from the divorce process in a few ways. One of the key differences is that when a couple's marriage is annulled, their property is divided as if they were merely a cohabitating couple. Property that married couples amass during their marriages is considered to be marital property and thus subject to equitable distribution under Illinois divorce law. For couples whose marriages are annulled, each partner takes his or her own property following the annulment.

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Illinios divorce attorney, Illinois family law attorney, marriage, divorce laws,The Illinois Marriage and Dissolution of Marriage Act is a comprehensive law that covers divorce, legal separation, division of marital assets, child support and other related issues. Some aspects of the law do not fit neatly into a single category, which is why the state legislature lumped those issues into a “Miscellaneous” section. Here are five examples of the resulting hodgepodge:

  1. Who gets possession of the family home is often a dispute during divorce proceedings. In fact, either party may file a petition seeking the other party’s temporary eviction while the proceeding is pending. The court will grant the petition if continued occupancy by both parties jeopardizes their (or their children’s) physical or mental well-being. There must generally be an opportunity for a full hearing on the issue.
  2. Bigamy is a legitimate ground for annulment or divorce. However, the existence of multiple spouses has financial complications. If you married someone, in good faith, and it turns out that this person was already legally married to someone else, you can still petition for maintenance (alimony). But your alimony rights cannot interfere with the rights of other spouses. That means you might end up with less money than you otherwise would have received absent the bigamy.
  3. Families receiving public aid may also be awarded maintenance, child support or both in a divorce judgment. However, the court will require payments to be made directly to the Department of Healthcare and Family Services or the local governmental unit responsible for their support, depending on the type of public aid the family receives.
  4. Child support payments are often made through a middleman. In Illinois, the specific middleman often depends on which county the divorce action is filed in. For example, if the county’s population is less than three million, the court may order child support payments to be made to the clerk of the court. If the county’s population is more than three million, the court may order child support payments to be made to the clerk of the court or the Department of Healthcare and Family Services.
  5. Divorce, like marriage, is public record. A certificate of dissolution of marriage must be filed with the state Department of Public Health. A declaration of invalidity of marriage (annulment) must also be filed with the department. While the person petitioning for dissolution or annulment must prepare the form, failure to comply with this requirement will not invalidate a judgment of dissolution of marriage or a declaration of invalidity of marriage.
Our experienced Kane County divorce attorneys are well-versed in the divorce laws in Illinois. Contact us today for a consultation. We can assist those in the St. Charles area.
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