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The Difference Between an Annulment and a Divorce in Illinois

Posted on in Divorce

St. Charles family law attorneyWhen a couple decides to end their marriage, they may be able to get an annulment. It is important to know an annulment is different from a divorce. A divorce is the legal dissolution of a valid marriage by a court or other governing body. An annulment is a legal procedure for declaring a marriage null and void within secular and religious systems. Unlike divorce, it is typically considered retroactive, meaning an annulled marriage is considered to be invalid from the start like it had never even happened. In Illinois, annulment is called a Declaration of Invalidity, and marriages can only be annulled if they were considered illegal from the start.

Grounds for an Annulment in Illinois

An annulment is only used to end an “invalid” marriage, or one that should never have happened in the first place. Annulments are rare in Illinois because it is somewhat difficult to prove grounds for annulment. There are certain legal guidelines for annulments, as well as possible time restrictions depending on the circumstances of the case. One of the following legal grounds must be met for an annulment to be granted:

  • Fraud or misrepresentation: One spouse did not tell the truth, such as already being married;
  • Impotency or incest: One spouse is impotent (and did not disclose this information to his or her partner prior to the marriage), or the spouses are too close in relation to marry legally; or
  • Lack of consent: One spouse did not have mental capacity for consent or was forced to get married.

Grounds for a Divorce in Illinois

Under Illinois law, a spouse can file for divorce based on “no-fault” grounds, commonly referred to as “irreconcilable differences,” which requires proof that the marriage is irretrievably broken and the couple must be separated for an amount of time. For many years, it was also possible to seek a divorce on “fault-based” grounds such as adultery, abandonment, or repeated abuse. Today, however, all Illinois divorce petitions must indicate that the marriage has irretrievably broken down due to irreconcilable differences.

Contact an Elgin Dissolution of Marriage Lawyer

Couples who are getting divorced might wonder if they should also get an annulment. An annulment basically states the marriage never took place. Sometimes a person wishes to annul his or her marriage based on religious reasons. The Law Offices of Benedict Schwarz II, P.C. has handled many types of divorce cases. Our experienced Barrington divorce attorneys will explain the distinction between a divorce and an annulment, so you can decide whether an annulment is also something you and your spouse want to pursue. To schedule a free consultation, call 847-428-7725 today. 

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

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