Aurora, IL Annulment Attorneys

Knowledgeable Lawyers Helping Address Legal Issues Related to Invalid Marriages in Aurora, Illinois

While most marital dissolutions in Illinois are resolved through divorce, there are rare cases in which a marriage can be declared legally invalid from the outset. While this type of case is commonly referred to as an annulment, it is known under Illinois law as a declaration of invalidity of marriage. An annulment is fundamentally different from a divorce: rather than ending a valid marriage, it declares that a legally recognized marriage never existed in the first place.

At The Law Office of Matthew M. Williams, P.C., we can help you determine whether annulment is a viable option in your case, and we will provide clear, honest guidance on whether an annulment is likely to be granted by the court. Because annulments require specific legal grounds, and judges are generally reluctant to invalidate a marriage, it is essential to work with an experienced family law attorney who understands the legal standards and procedural requirements.

What Is an Annulment in Illinois?

When an annulment is granted in Illinois, it has the legal effect of treating the marriage as if it never occurred. This differs from divorce, which ends a valid marriage and requires the court to divide marital assets and address issues such as spousal support. Annulments are only granted under narrow circumstances, and the burden of proof of the invalidity of the marriage lies with the party requesting the invalidation.

Grounds for Annulment in Illinois

Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/301), a marriage may be declared invalid if any of the following conditions existed at the time of the ceremony:

• Lack of Capacity to Consent: If one or both parties were under the influence of drugs or alcohol or were affected by a mental disability at the time of the marriage and could not give legal consent, the marriage may be considered invalid.
• Force, Duress, or Fraud: If either party was compelled to get married through coercion, threats, or deception, they may contest the validity of the marriage. For example, a person may claim that they only got married to gain immigration benefits, that the other party concealed critical information such as a serious criminal record, or that a spouse concealed their inability to have children.
• Physical Incapacity to Consummate the Marriage: If one spouse was permanently and incurably unable to engage in sexual relations, and the other spouse was unaware of this at the time of the marriage, this may serve as grounds for invalidity.
• Underage Spouse: If a person was 16 or 17 years old at the time of the marriage and did not obtain parental or judicial consent, they may argue that the marriage should be invalidated.
• Prohibited or Bigamous Marriage: In some cases, a marriage may be prohibited by law, such as when the spouses are closely related by blood or when a spouse was already legally married to someone else. Demonstrating that a person should not have been able to get married may allow for an invalidation.

There are strict time limits for filing a request for annulment. Claims involving lack of consent or fraud must be filed within 90 days of discovering the grounds for invalidity. Claims based on inability to consummate the marriage may be filed within one year after discovering the condition. Claims based on age must be filed before the underage spouse turns 18.

Annulment vs. Divorce: Key Differences

Annulment and divorce both result in the end of a marital relationship, but there are significant differences between these two types of cases:

• Legal Status: With an annulment, a marriage is declared invalid as if the couple had never been legally married. A divorce may occur after a couple had been legally married, and it will result in the dissolution of the marriage.
• Grounds: Annulment requires proof of the invalidity of the marriage. There are no fault-based grounds for divorce that are legally recognized in Illinois.
• Time Limits: Strict filing deadlines apply when requesting an annulment. A petition for divorce may be filed at any time after a couple's marriage.
• Property Division: During a divorce, a couple's marital property will be divided equitably between the spouses. In an annulment, property usually will not be divided, since the marriage was not legally valid.
• Spousal Support: During or after divorce, one spouse may be required to pay financial support to the other. Support usually will not be awarded in an annulment because the couple was never legally married.

Contact Our Aurora Annulment Lawyers

If you believe your marriage may be legally invalid, it is essential to act quickly and seek informed legal guidance about whether an annulment may be possible. At The Law Office of Matthew M. Williams, P.C., we will provide you with an honest evaluation of your situation, and we will represent you during legal proceedings for annulment or divorce. Contact our Aurora, IL annulment attorneys at 630-409-8184 to arrange your free consultation.