Chicago Annulment Attorneys

The statutory grounds for annulment, found in Section 301 of the Illinois Marriage and Dissolution of Marriage Act, can be difficult to satisfy and, consequently, many couples seeking an annulment do not qualify.

Under Illinois law, the grounds for declaring a marriage annulled and invalid are:

• Lack of or Inability to Give Consent – This is probably the most common reason for requesting a marriage annulment. Lack of or inability to give consent can be as a result of a mental disability, or because one of individuals was under the influence of drugs or alcohol. It can also be because one of the parties consented to marriage as a result of force, coercion, or fraud.
• Physical Incapacity to Consummate the Marriage by Sexual Intercourse – The person asking for a marriage annulment must not have known this at the time of saying ‘I do.’ Seeking a marriage annulment for inability of having sexual intercourse is mostly found as a result of extenuating medical conditions.
• Minor without Parental Approval – One of the individuals was under age 18 and did not receive their parent’s consent. On top of obtaining a marriage annulment, it can be presumed the underage child will face punishment from their parents for not taking the traditional route and asking mom and dad for permission prior. Arguably, this could be worse than any legal outcome produced by a court of law.
• The Marriage Was Otherwise Prohibited by Law – In the state of Illinois, a marriage is not legal if either of the parties are still married to another individual (bigamy), or if the marriage is between close blood relatives.

It can be extremely difficult to prove these grounds. That is why it is in your best interest to retain a Chicago annulment attorney. We have extensive experience gathering evidence and painting a clear picture of the reason for your annulment.

How Long Do You Have to Get an Annulment?

In Illinois, how long you have to file an annulment depends on the reason for the annulment.

• 90 Days – If one or both spouses were under the influence of alcohol or drugs at the time of marriage, were mentally impaired at the time of marriage, or were forced into the marriage.
• 1 Year – If one spouse cannot have sexual intercourse and this was not known by the other spouse at the time of marriage.
• By Age 18 – If a minor gets married without their parent or guardian's consent.
• No Time Limit – If you learn after you are married that your spouse was still legally married to another person at the time of your marriage.