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Can I Get My Marriage Annulled in DuPage County?

Posted on in Divorce

DuPage County Divorce LawyerIf you were recently married, but you regret it, you may be interested in getting the marriage annulled. Annulment is commonly portrayed in movies and television shows as a quick fix for couples wanting to end their marriage. However, annulment is more complicated than movies would lead you to believe. Annulments are only available in a narrow range of circumstances in Illinois. Couples who do not meet annulment criteria will need to end their marriages through divorce.

Annulment Criteria in Illinois

Many people assume that annulment is the same thing as divorce. However, these are completely different legal actions. An annulment declares a marriage invalid and makes it as if the marriage never happened. Divorce terminates a valid marriage.

Annulment is warranted under the following conditions:

  • Lack of consent – Spouses must be of sound mind and enter the marriage consensually. If either spouse was under the influence of alcohol or drugs or experienced a mental health problem that prevented them from consenting to the marriage, the marriage may be invalid.

  • Bigamy – You can only have one spouse at a time. If a spouse was already married to someone else, the marriage may be invalid.

  • Spouses are too young – You have to be at least 18 years old to marry in Illinois. If you are aged 16 or 17, you can marry with parental consent.

  • Incest – A marriage involving relatives may be invalid.

  • Sexual inability – If a spouse cannot consummate the marriage and the other spouse was unaware of this problem, this can be a justification for annulment.

  • Force – Marriages entered through coercion or threat are invalid.

  • Fraud – Fraudulent marriages are invalid. One example of fraud is a spouse who only married someone to avoid deportation.

What if I Do Not Qualify for Annulment?

If you want to end your marriage but you do not meet any of the criteria for annulment, you can still pursue a divorce. Fortunately, if you have only been married a short period of time, you and your spouse may be able to divorce without significant complication. If you are unsure of whether you can get your marriage annulled, contact a divorce lawyer for help.

Contact a DuPage County Divorce Lawyer

Annulment is available if a marriage is invalid. If you got married but you regret it, contact our Naperville family law attorneys to discuss your options. We can help you decide whether annulment is possible. If not, we will help you end your marriage through divorce.

Call 630-364-4046 for a free consultation.

 

Source:

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

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