Marriage is a legal contract between two individuals. Pursuant to Illinois law, a valid marriage contract exists when the parties understand the terms of the contract. The court may find a marriage invalid or voidable from the outset of the marriage if the marriage originated by fraud or deceit. If the court finds the marriage invalid or voidable, the couple cannot obtain a divorce and must instead obtain an annulment.
An annulment treats the marriage as though it never happened by declaring the marriage legally null and void. The court may grant an annulment when certain situations exist. An annulment turns back time and the court returns the couple to the their respective status before they entered into the marriage. A couple may seek an annulment when fundamental flaws exist within the marriage from its onset. Illinois law, 705 ILCS 5/301, sets forth a limited number of situations in which the court may deem annulment of the marriage as proper. Some of those situations include the following:
Upon discovering the invalidity of a marriage, the parties should consult with a family law attorney as soon as possible. The professionals at the Women’s Divorce & Family Law Group can help you to determine whether you are eligible for an annulment and provide you with guidance on how to best proceed. Please call us at (312) 585-6604 to schedule your legal consultation.
There are many factors to consider when contemplating divorce, and a pre-divorce planning session can help you begin to plan for a divorce. Please contact the professionals at the Women’s Divorce & Family Law Group by calling (312) 585-6604 or clicking here to schedule a consultation.
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