Annulment is a legal procedure which “nullifies,” or cancels, a marriage. In the state of Illinois, annulment is called a “declaration of invalidity of marriage”. A marriage which has been successfully annulled is not recognized by the state any longer. Legally, an annulment makes the marriage as if it never happened. This process is much different from a divorce and is only available in certain circumstances.

Who Qualifies for Annulment?

In Illinois, there are only four lawful reasons someone can annul their marriage:

Usually, when two people marry and decide that it was a mistake, they simply file for divorce. However, in some situations, they opt instead for an annulment. There are many reasons that people wish to obtain an annulment, but in truth, the requirements are very strict. Divorce is easier to get, but sometimes, an annulment may suit your purposes better. It is a good idea to understand the difference between the two.

Requirements for an Annulment

There are only four valid reasons to obtain an annulment (otherwise known as a declaration of invalidity of marriage) in Illinois, as opposed to a divorce. They are:

Divorce is not the only way to end a marriage. In certain limited circumstances, a marriage can be dissolved through an annulment. An annulment is a powerful judicial decree since it declares that no valid marriage ever existed. While an annulment does not generally affect the rights of any children born to the couple prior to the annulment, having a marriage declared invalid through annulment can affect any division of any property the couple acquired during the “marriage” and generally will prevent one party from receiving spousal support from the other.

The Difference between Void and Voidable Marriages

There are two types of marriages that can be annulled: void and voidable. A void marriage is one that is illegal from its inception and cannot be rectified. A voidable marriage, however, is one that is invalid at the moment of marriage but that can later be made valid through the consent or inaction of the parties. In other words, if an annulment is not promptly sought, it might not be available later.