While 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