Annulment in Illinois
Divorce Papers » Annulment in Illinois
An annulment in Illinois is known as 'Declaration of Invalidity of Marriage' wherein the marriage is declared as non-existent in the eyes of law and is wiped from the state records. However, if you want to change the church records, you need to contact a clergy member and follow the necessary procedure.
However, there are only a few grounds specified by the statute of Illinois which are eligible to file for an annulment. These grounds have a time limit, that is, one cannot file for a petition of annulment on a specific ground if it exceeds the time limit given by the state laws.
If the petition extends the time limit, the couple is either stuck in the marriage or they have no option but to file for a divorce or legal separation.
The requirements for annulment in Illinois are too complex and difficult to satisfy. Therefore, one needs to be careful while filing the petition on specific grounds.
Grounds for Annulment in Illinois with Time limit:
The specified grounds for annulment in Illinois comes with a time limit and one has to follow it or end up applying either for divorce or for legal separation. Annulment is a rare occurrence due to the strict laws regarding the grounds for petition as well as the laws for the same.
Let's have a detailed look at the following grounds with the time limit:
Coercion - If either or both the spouses have entered the wedlock by coercion or force, the marriage is considered as void and can be annulled on the grounds of force or duress. The coercion includes threats, duress, constraints or violence against their consent and against better judgment.
Coercion is an action where the wedlock lacks free consent and thus undermines the main element of a marital relationship: free consent. The time limit for filing for annulment in case of force or coercion is 90 days after one learns of the condition.
Mental Incapacity - If either of the spouses is mentally incapable of carrying out the duties and responsibilities of a married individual or unable to provide for the household or take care of the family, this is a firm base for filing for an annulment.
The time limit for filing the annulment is 90 days after learning about the mental condition of the spouse if it is not already known during the time of the marriage.
Fraud - If a spouse is lured into the wedlock under false pretenses regarding essentially the marital well-being and not the material things such as social status or income. For instance, if a spouse is mentally unstable or suffers from temporary insanity (bouts of violent or unreasonable behavior) is more a topic of concern than if the spouse is a broke and told you that he owns a thriving business. In short, in the state of Illinois, marital well-being is more important than the social status or luxuries.
The time limit for fraud is 90 days within the date a spouse comes to know about the fraud or pretenses under which he / she were lured into the wedlock.
Impotency - If the marriage is not consummated ever since its officiation, it is prime concern for the spouse being affected and is a firm ground for seeking an annulment according to the statute of Illinois. The inability to consummate the marriage may stem from the desire of not having children, having extra-marital liaisons, impotency, fetishism, insanity etc.
The time limit for filing the annulment petition is one year after the realization that the other spouse won't be able to consummate the marriage; come what may.
Underage Marriage - If either or both the spouses are underage, the marriage cannot be deemed legal and thus has to be annulled. However, the age proof of the underage spouse needs to be filed as an evidence.
The time limit for underage marriage annulment in Illinois is before the underage spouse reaches the age of 18 or legal age to get married. If the spouse completes the legal age, the marriage becomes valid and cannot be annulled.
Lack of Capacity to Consent - If the spouses are in an inebriated state, under the influence of a medication, threatened or not in a condition to understand the gravity of the situation or the repercussions of entering into the wedlock, the marriage is considered invalid and can be annulled on the grounds of immaturity. The free consent is lacking in this type of marriage and thus has to be annulled.
The time limit for filing for annulment is 90 days after one becomes aware of the situation.
Prohibited Marriage - Prohibited marriages such as incestuous marriage or same-sex marriage are totally eligible for an annulment as they are deemed illegal and thus are void from the beginning. They do not even need a formal document nullifying them.
Annulment is a rare occurrence in the state of Illinois due to the limited set of grounds and the time limit associated with them. The residency requirement is 90 days for filing of annulment in general.