How to Get an Annulment in Illinois

Annul My Marriage How to Get an Annulment in Illinois

Can I Get Annulment of Marriage in Illinois?

Someone can get an annulment of marriage for different reasons, especially if they don't want to wait for a year to seek a divorce and other personal reasons. However, in Illinois, an annulment requires immense proof to show that there was trickery, use of force, deception, or one party was married. That's why there are fewer cases in court compared to divorce.

In Illinois, you cannot get an official court action of Annulment of Marriage, but you can ask a judge for a judgment of invalidity, which also says that your marriage wasn't valid. You can also get a civil annulment or religious annulment, which can be granted by a religious leader.

Let's discuss what annulment of marriage in Illinois entails and how you can get one easier with DoNotPay.

What Is an Annulment in Illinois?

In most states, annulment of marriage is similar to divorce in the sense that both end an existing relationship between two people. However, divorce can only happen among people who're legally married, while annulment simply aims to prove that the marriage wasn't legal or valid.

In Illinois, instead of annulment of marriage, you ask a judge for a judgment of invalidity, which is basically the same thing. Although it's rarely granted in Illinois, it helps to prove that the marriage was never valid.

Grounds for Getting a Judgment of Invalidity in Illinois

There are several things that a judge will look at before giving a judgment of invalidity. Some of the basis that must exist include:

  • One of the spouses involved in marriage was under the influence of drugs or alcohol, or mentally unstable during the time when the marriage was solemnized
  • One of the spouses agreed to marry only because of fraud, duress, and force
  • If one of the spouses lacks the physical capacity to consummate the marriage and lies to a spouse about it
  • If the marriage is prohibited due to bigamous or incestuous
  • If one of the spouses was under the age of 18 at the time of marriage without the approval of parents or guardians

Statute of Limitations for Annulments

To annul a marriage, you must first understand the status of limitations affecting the judgment in Illinois. For starters:

  • If one spouse claims insanity, intoxication, fraud, duress, or forced marriage, then they must file for annulment 90 days after learning what happened
  • If one spouse is physically unable to consummate the marriage, the partner must file no later than 365 days after learning about the impotence
  • If one spouse was underage, then they or their guardians must file before the underage child reaches 18

It's best to talk to your lawyer first before taking the matter to court.

How to Get a Marriage Annulled (Invalidated) in Illinois 

The table below explores the steps you’ll need to take to get your marriage invalidated in IL. 

Steps to Marriage Annulment in IL
  1. Talk to your lawyer to understand the status of the limitation and repercussions of annulment in terms of child support... etc.
  2. File a petition for annulment with the circuit court. This is a document that explains why you think the marriage is invalid
  3. Your spouse will be notified and given a limited time to respond.
  4. Attend court for the hearing.
  5. You receive a declaration of invalidity of marriage signed by the judge.

What Happens After an Annulment in Illinois?

The most pressing question that people ask is what's the fate of their children when a marriage is annulled. In Illinois, children born or adopted in an annulled marriage still belong to the couple. They have the same rights as children in a legal marriage.

However, in most cases, the judge will not have the power to decide child custody, child support, or how the property will be shared because the marriage was never valid. You'll need to go through separate proceedings to get a clear judgment.

After receiving a declaration of invalidity, you'll be considered as a single person and free to marry according to the law.

Get Your Marriage Annulled instantly with the help of DoNotPay

Going to court for the first time can be daunting, and you need to have excellent communication skills and be well versed with the law to convince the judge to make a decision in your favor.

However, you can make the process a lot easier by using DoNotPay. Our product can help you prepare for annulment by informing you about the state laws you need to know, saving you a lot of money

It only takes 3 steps:

  1. Search for Annulment on the DoNotPay website.

     

  2. Kick off the process to see if your marriage is eligible for an annulment.

     

  3. Answer some specific questions about your marriage and see if your state law allows for an annulment.

     

What Else Can DoNotPay Do?

DoNotPay is present across the US, providing all kinds of services to help Americans live a less costly or problematic life. This often involves guiding you on ways to save on fines and to use the law to your advantage.

Here are some things DoNotPay can help you do:

Getting your marriage annulled can be difficult, requiring a challenging court process to prove that your marriage wasn't valid. However, with DoNotPay the process gets a lot easier. You can use DoNotPay to annul your Illinois marriage fast.

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