Illinois Annulment: Declaration Of Invalidity Of Marriage

How Do I Get An Annulment? The Standards Of Annulment In Illinois Courts

The term annulment is a common law term that is not used in the State of Illinois. Instead, an annulment is addressed through the Illinois Marriage and Dissolution of Marriage Act and is called a "Declaration of Invalidity of Marriage".

The Illinois Marriage and Dissolution of Marriage Act states that a marriage may be declared invalid if either party lacked mental capacity to enter into the marriage or was unable to give their consent due to fraud, force, or duress.

The court must find that the facts supporting one of these conditions have been “established by clear and convincing evidence.” Other potential grounds for a declaration of invalidity include bigamy, incestuous marriage, mental incapacity, underage age of the parties at time of marriage, or lack of physical capacity for sexual intercourse.

If the court finds that one or both persons lacked legal authority, mental capacity, or the capability to enter into a valid marriage, they may declare the marriage to be void (annulled). The circuit court is responsible for determining if any of these grounds exist and if they do, their decision will be entered as an order declaring the invalidity of the marriage.

Reasons That Can Create An Invalid Marriage

Under the Illinois Marriage and Dissolution of Marriage Act, there are four paragraphs that outline the grounds as to why a marriage may be declared invalid.

750 ILCS Section 301states that Illinois courts shall declare a marriage invalid if a marriage was entered into and at the time:

1. a party lacked capacity to consent due to mental incapacity, influence of alcohol or drugs, force/duress/fraud involving essentials of marriage;
2. one party lacked physical capacity to consummate by sexual intercourse and the other did not know at time of solemnization;
3. a party was aged 16-17 without parental/guardian approval; or
4. the marriage was prohibited.

Mental Capacity and Marriage

First, if a person lacks mental capacity because of mental illness, the influence of alcohol, drug usage, force, duress, or through fraud, then a marriage cannot be entered into validly.

Physical Incapability for Annulment

Second, if either you or your spouse were physically incapable of solemnizing the marriage at the time of the marital proceeding and you or your spouse were not aware, this may be a valid reason to request that the court deem the marriage invalid.

Underage Spouses in Illinois Marriages

Third, if a party is under the age of 18 and has not had proper consent from a parent, guardian, or the courts, an Illinois judge may find that someone did not have the authority or ability to consent to a marriage.

Prohibition Under The Illinois Marriage And Dissolution Of Marriage Act

Finally, if a marriage is otherwise prohibited by Illinois law, a marriage will not be valid.
There are several reasons as to why a marriage may not be valid in Illinois. Generally, this means that one or both spouses is already married and may be attempting to commit bigamy or the parties are too closely related by blood.

Mental Illness at the Time of Marriage

Were you or your spouse diagnosed as having a mental illness and unable to enter into a valid contract at the time the marriage occured?

Having a mental illness that impairs your ability to enter into a contract or marriage is a reason for an annulment to occur.
Example: At the time you were married you were diagnosed as having a mental illness such as Alzheimers, dementia, schizophrenia, or another psychological issue that disassociated you from reality.

Significant Intoxication at the Time of Marriage

Were you intoxicated during the marriage ceremony?

Illinois Law on Annulment: If you or your spouse were under the influence of alcohol at the time of the marriage and you did not have the ability to understand what you were doing or entering into, then you would have a valid reason as to why an annulment should be granted.

Both parties must have the ability to clearly and willfully enter into a marriage the same way a person would expect to enter into a contract.

Example: You were drinking before the marriage was solemnized (the process of officially becoming married) and you were quickly married in Las Vegas.

Mind-Altering Drug Usage at Time of Marriage

Were you under the influence of drugs during the marriage ceremony?

Illinois Law on Annulment: The State of Illinois requires that in order for a marriage to be valid, a spouse must have the mental capacity to enter into an agreement and understand the consequences of a marriage. This is the same as entering into a contractual agreement. You must be able to understand the contract at the time of signing and have the ability to enter into the contract willingly.
Example: You were under the influence of mind-altering drugs and you did not have the capacity to agree or understand the consequences of the marital proceeding.

Forced Into A Marital Agreement Due To Fear

Were you forced into your marriage?
Illinois Law on Annulment: A spouse must be able to enter into a marital agreement willingly and not due to fear. That means if that a party may be subject to, the law allows for example: You were forced into the marriage by a family member or friend due to threats that you were reasonably afraid of.

Undue Influence and Duress As A Basis For An Annulment

Did you experience violence, constraints, or other action that influenced your decision to enter into the marriage?
Example: You were physically and/or psychologically abused before the marriage, which influenced your decision to enter into the marriage.

Deceipt As A Contributing Factor For A Marital Arrangement

Did the other spouse lie to you about any of the essential aspects of being married to them?
Example: Your spouse purposefully hid information such as a significant criminal record, a sexually transmitted disease, children born to your spouse, or prior divorces.

Fraud And Marriage

Do you believe that the other spouse defrauded you or lied about their reasons for becoming married?

Example: Your spouse was in deportation proceedings or was potentially going to be deported and they married you to avoid immigration issues.

At the marital proceeding, do you believe that your spouse knew they were not capable of solemnizing the marriage through sexual intercourse and you did not know?

Example: Your spouse knew that they physically were impotent or infertile and they did not disclose that information to you.

Were you or your spouse below the age of 16 or 17 years old at the time of the marriage and consent for the marriage was not approved by the minor's parents, guardian, or judicial approval?

Example: At the time you were 16 or 17 years old and married someone over the age of 18 years old. At the time, you never told your parents or sought approval from an authority figure.

Do you believe that your spouse was legally married at the time to another person?

Example: Your spouse was married to another person, but never received a dissolution of marriage or an annulment.

Marriage To A Close Family Member

Were you married to someone you shared a close familial relationship with?

Example: You married someone that adopted you or there is a close blood-related family relationship.

If you answered yes to any of these questions, you may have a valid reason to ask the court to deem your marriage invalid in Illinois.

Illinois Annulments: Limitations on Time

Is there a statute of limitations to filing for an annulment?

Under the Illinois Marriage and Dissolution of Marriage Act, individuals seeking an annulment must file a petition for an annulment within one year of discovering the basis for the annulment. Once your petition is filed, you should be prepared to present evidence that supports your claim. An attorney can help guide you through this process.

If you are unsure if you have a valid reason or case for an annulment in Illinois, it is important to consult with a trusted family law or divorce attorney who can help answer any questions and assist in filling out the necessary paperwork.

With their experience and knowledge related to Illinois Annulments, they will be able to identify whether or not you meet the criteria under state law. Additionally, they can provide you with legal advice and representation throughout the process.

It is important to note that the process for obtaining an annulment differs from state to state. It is best to contact a trusted family law, annulment attorney, or divorce attorney in Illinois. Chicago Family Attorneys, LLC offers free consultations to potential clients who are seeking an attorney to represent them.