Annulment is a legal procedure that declares a marriage null and void, as if it never happened. Unlike divorce, which ends a valid marriage, annulment establishes that the marriage was invalid from the beginning. In the state of Illinois, annulment is granted under specific circumstances outlined by the law.
Grounds for Annulment in Illinois
In Illinois, there are several grounds for annulment:
1. Bigamy
If one or both parties were already married at the time of the marriage, the subsequent marriage can be annulled. Bigamy refers to the act of having multiple spouses at the same time.
2. Incest
If the parties are closely related by blood, such as siblings, parent and child, or grandparent and grandchild, the marriage can be annulled on the grounds of incest.
3. Lack of Consent
If one of the parties did not have the mental capacity to consent to the marriage, or if consent was obtained through fraud or force, the marriage can be annulled.
4. Underage Marriage
If one or both parties were under the age of 18 at the time of the marriage, the marriage can be annulled. However, if the underage party continues to live with their spouse after reaching the age of 18, the marriage becomes valid.
5. Impotence
If one party suffers from incurable impotence at the time of the marriage and the other party was unaware of this condition, the marriage can be annulled.
Annulment Process in Illinois
To obtain an annulment in Illinois, one or both parties must file a petition with the court. The petitioner must provide evidence to support their claim for annulment, such as documentation of a previous marriage or proof of lack of consent. The court will then review the case and make a decision.
It is important to note that annulments are not granted automatically and the court has the discretion to deny the petition. If the annulment is granted, the marriage is considered void from the beginning, as if it never happened. This means that both parties are legally free to remarry.
Conclusion
Annulment in Illinois is a legal procedure that declares a marriage null and void. It is granted under specific circumstances, such as bigamy, incest, lack of consent, underage marriage, or impotence. The annulment process involves filing a petition with the court and providing evidence to support the claim. If the annulment is granted, the marriage is considered invalid from the beginning.