If you got married fairly recently and you and your spouse are starting to experience some serious problems, you might be thinking that your marriage was a mistake. Maybe you and your spouse did not quite know each other as well as you thought, or maybe the things about your spouse that you once found endearing are no longer as appealing now that you are married. Many couples who find themselves in such a situation may consider filing for divorce, but some give thought to the idea of seeking an annulment. After all, they were not married very long, so an annulment can just undo the marriage, right?
Under Illinois law, an annulment does not simply “undo” a marriage. In fact, what used to be called an “annulment” is now known as a declaration of invalidity of marriage, and it is only available under very specific circumstances. Simply being unhappy with your spouse is not among them.
Understanding Annulments in Illinois
Part III of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) addresses the action of declaring a marriage invalid. Illinois law no longer refers to this action as an annulment. There are stringent grounds on which a marriage can be declared invalid. These grounds include:...