Illinois Family Law Advocate : Peoria Family Lawyer & Attorney : Shahzad R. Khan Law Firm : Divorce, Child Support : Chicago, Bloomington, Normal & Sangamon

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The Illinois statute pertaining to annulments is 750 ILCS 5/301 et seq. of the Illinois Marriage and Dissolution of Marriage Act. In Illinois a cause of action for annulment is known as a Declaration of Invalidity of Marriage. Annulments are not a common remedy these days as it has become so easy to get a no-fault divorce based on irreconcilable differences. However, annulments have been around for centuries as they have their roots in religious or theological law, as in the Catholic Church.

The benefit of getting a declaration of invalidity of marriage is that if an annulment is granted, it is as if the marriage never existed. But, If you are divorced then there is always a record of a previous marriage that follows you throughout life. However, proving the grounds for annulment are sometimes more difficult than proving grounds in a dissolution of marriage case.

In Illinois, there are four distinct categories of grounds for which a declaration of invalidity of marriage may be sought. They include:

1. A party to the marriage lacked capacity to consent to the marriage or the party was forced into marriage by force, duress or fraud – the capacity that is referred to here is mental capacity.
2. A party lacked physical capacity to consummate the marriage – this is referring to the inability to perform sexual intercourse to consummate the marriage;
3. A party was age 16 or 17 and did not have the consent of their parent, guardian or judicial approval to get married;
4. The marriage is prohibited by law – these are marriages referenced in 750 ILCS 5/212 of the Illinois Marriage and Dissolution of Marriage Act, which can be found here.

There are time limitations on bringing a Petition for Declaration of Invalidity of Marriage on each of these four categories of grounds. These time limitations can be found in 750 ILCS 5/302 of the Illinois Marriage and Dissolution of Marriage Act, which can be found here.

Important points to remember:

• A Declaration for Invalidity of Marriage is a remedy not often used due to the ease of obtaining a no-fault divorce.
• A Declaration of Invalidity of Marriage requires grounds to be proven within limited time limitations. Failure to adhere to these time limitations, will likely result in the parties having to file a dissolution of marriage proceeding.
• If a Declaration of Invalidity of Marriage is granted, you are granted a clean slate with regard to your marital history.
• Children born during marriages that are later determined to be invalid are considered legitimate to the parties of that invalid marriage.
• Spouses who in good faith were married and later the marriage was invalidated, can receive property rights and maintenance (alimony) if the interests of justice so require.