Illinois law calls annulment a declaration of invalidity of marriage. It is a court order that says that a marriage is not valid, and should not be recognized by the state. An annulment is different from a divorce. A divorce says that a valid marriage is over. To learn more about getting a divorce, please read Getting a divorce.
A marriage that is not legal can be annulled.
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Illinois does not allow marriage between people who are:. Divorces are easier to get. Annulments have stricter requirements. Annulments also have strict time limits. Generally, an annulment is not any better to get than a divorce. The main reason to choose annulment instead of divorce is to avoid court ordered payments.
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A divorce could force the couple to divide their property. It can also force one spouse to pay money to the other. If your minor child got married without your permission, the time limit is before the child turns There is no time limit if you learn that your spouse was already married to another person.
There is also no time limit for marriages prohibited by law. Once you divorce your first spouse, your second marriage becomes valid.
The State will recognize it. A person who honestly thought the marriage was valid becomes a "putative spouse. The court will give a putative spouse the same rights a a legal spouse. This includes the right to divide property, and the right to be paid maintenance.
Maintenance used to be "alimony. The rights of the children do not depend on whether your marriage is valid.
They will have the same rights as children born or adopted during a valid marriage. They will be able to get child support form both parents. They will have the right to get property at the death of either parent. Children under age 18 need permission from a parent, guardian or court to get married. If the child gets married without permission, a parent or guardian can have the marriage annulled. You must file your petition to have the marriage annulled before the child turns A parent can file for annulment for a disabled adult child.
The child's disability must have made it impossible for them to consent to the marriage. The judge will decide whether the child had the capacity to consent to marriage.
Dissolution of marriage/divorce
You must file your petition within 90 days of learning of your child's marriage. Only logged-in users can post comments. Please log in or register if you want to leave a comment. We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. All rights reserved. ILAO is a registered c 3 nonprofit organization. ILAO's tax identification is Select your language English Spanish Polish. We simplify the law so you can get justice. Worried about doing this on your own?
You may be able to get free legal help. Apply Online. Note: Covid is changing many areas of the law. Visit our Covid articles for the latest information. I want my marriage annulled. Displaying information for [ change ].
What is an annulment? When can I get my marriage annulled? In Illinois there are 4 reasons for getting a marriage annulled: One spouse could not consent to be married. This can be because of: Mental disability Influence of drugs or alcohol Force, duress, or fraud One spouse cannot have sexual intercourse. The other spouse must not have known this at the time of the marriage.
One spouse was under age 18 and did not have consent from a parent, guardian, or court.
Dissolution of marriage/divorce
The marriage was illegal. When is a marriage illegal? Illinois does not allow marriage between people who are: Still married to someone else, and Closely related by blood or adoption. Is it easier to have a marriage annulled than to get a divorce? Would it be better to have my marriage annulled or to get a divorce? Are there time limits on getting a marriage annulled?
The time limit for annulment depends on why the marriage is invalid. The time limit is 90 days from when you learn about the problem if: Someone was under the influence of drugs or alcohol, Someone was mentally impaired at the time of the marriage, or Someone was forced into the marriage. If you learned that your spouse cannot have sexual intercourse, the time limit is one year. What happens if I divorce my first spouse after I marry my second spouse?
What if I married someone and did not know they were already married? Can a parent have their minor child's marriage annulled?
Can a parent annul their adult disabled child's marriage? You can also ask for annulment if you are the legal representative of a disabled person. Last reviewed. Last revised.
Petition for invalidity of marriage Blank form. Use this form to tell the state that your marriage should be annulled and the legal reasons you should be able to annul it. Learn more. Petition for invalidity of marriage. Legal separation.
Legal Comment Legal Comment. I earn 6 figures and drive every week to see him. He seems so unhappy. Now I want a divorce.
Cut ties. We were married in Vegas. You may want to consult a lawyer at Get Legal Help.
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Good luck to you. I was forced to get married on November 29 and I want a annulment. You can use this form to file a request for an annulment. We hope this helps. I want to file for a annulment. Irreconcilable difference My spouse has multiple mental ill issues.