The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Illinois divorce attorney, Illinois family lawyer,For some people who are going through a divorce, they may wish that their marriage never happened. Unlike a divorce, which is the process of legally separating yourself from your former spouse, a marriage annulment is a declaration of the invalidity of a marriage. In a sense, a marriage annulment is as if the marriage never took place -- your legal relationship status is basically reset. While the idea of erasing a marriage may be favorable, the option is not available to all Illinois couples. There are certain circumstances that must be present before a marriage annulment will be granted.

Factors for Annulment

To begin the annulment process, a petition must be taken to the court. Once you petition the court for an annulment, you must provide evidence pertaining to the particular reason you are asking for an annulment. There are only a few specific reasons that a marriage annulment would be granted. These include:

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Posted on in Annulment

Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,Sometimes after a few weeks, months or even years of marriage, the person who is your spouse turns out to not be quite the person you thought they were. While an annulment was more common prior to Illinois’ enactment of the no-fault divorce law, some still prefer getting a marriage declared legally invalid.

Why Some People Choose Annulment

Even though all 50 states have no fault marriage laws, people still seek an annulment. Here are some common reasons given:

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Posted on in Annulment

annulment, DuPage County family law attorneyLast fall, media outlets took note of action being taken by Pope Francis regarding the Catholic Church’s stance on the annulment of marriages. In the vast majority of cases, an annulment approved by the Catholic Church follows a legal divorce approved by the state or other appropriate jurisdiction. The two processes are entirely separate and one has little, if any bearing on the other.

What many people do not realize, however, is that annulment, or the declaration that a marriage was invalid, is not limited to religious laws. The state of Illinois also provides very specific situations in which a marriage may be determined to be invalid from a legal standpoint as well. A legal annulment is extremely rare thanks to processes in place to ensure that a couple wishing to marry are eligible to do, but if and when the need should arise, it is important to understand what the law says.

Grounds for Annulment

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annulment, divorce, Illinois family law attorneyThe difference between annulment and divorce can seem minor, but it deals with a key component of a couple's relationship: its validity. When a couple divorces, their legal marriage is over. When a couple obtains an annulment, their legal marriage never officially happened.

To be considered invalid and thus eligible for an annulment, a couple's marriage must be found to violate the requirements for marriage outlined in the Illinois Marriage and Dissolution of Marriage Act.

The Annulment Process

If your marriage is determined to be invalid, you may end it through the annulment process. This process varies from the divorce process in a few ways. Because you were never legally married, the court may divide your property as if you were merely a cohabiting couple. This means that you will retain any property that you held prior to the marriage. The court is also unlikely to award spousal maintenance for couples working through an annulment.

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Posted on in Annulment

annulment process, annulments, dissolution of marriage, divorce, Illinois annulment, Illinois state lawMany residents of Illinois live under the false notion that should they be unhappy in their marital state, divorce is the only option available to dissolve the marriage. Fortunately, for many, this is not always the case and sometimes obtaining an annulment to invalidate a marriage is a great alternative. And although the terms divorce and annulment are often used synonymously, they are in fact different.

In a divorce you legally have a start and end date for your marriage. However, an annulment actually makes the union completely void and literally treats it as if the marriage had never occurred at all, thus rendering the marriage null and void.

Annulments are not applicable in every Illinois marriage, and are subject to a specific set of criteria designated by legislation. These lines can become blurred in many cases, making it incredibly important to consult with a professional family law attorney before proceeding.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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