It is often normal for parents to be unsure of their child’s choice in a romantic partner. However, in the state of Illinois, it may be possible to get your child’s marriage annulled if the circumstances of the marriage were illegal. A few factors can lead to marriage invalidation in Illinois. If a marriage occurred when one or both of the parties were under the age of consent or unable to consent, a parent can file for an annulment or “Judgement of Invalidation of Marriage.” 

My Underage Child Got Married Without My Consent

One reason to have a marriage annulled in Illinois is if a child ages 16 or 17 got married without parental consent. The age of consent in Illinois is 17 years old, however, to obtain a legally legitimate marriage, a 17-year-old must also have parental consent documented. Lacking parental or judicial consent to marry at 17 leaves the marriage prohibited. 

My Child Was Under the Age of Consent 

Another reason that a parent can file to annul their child’s marriage would be if the child was not of the age of consent. As mentioned, the age of consent in Illinois is 17 years of age. A person must be able to legally consent to engage in sexual relations to consummate the marriage for the union to be deemed legitimate. If one or both of the parties who got married were under the age of sexual consent, a parent can move to annul the union. If your child was under the legal age to sexually consent, you have exactly one year to move to annul the union. 

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:

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:

Last 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

The 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.