Annulment vs. Divorce
There are two general ways to end a marriage. The first way is to simply have the marriage annulled. This deems the marriage null and void as if it has never existed. The other way to dissolve the union is to file for divorce. There are differences between the two processes. Here are a few of those differences.
Annulment
An annulment usually needs to take place within the first 90 days of the date of marriage. Reasons for an annulment can vary but are usually issues like the marriage being a mistake. One cliché example of a marriage by mistake is waking up married after a drunken night in Vegas. Another reason for an annulment is if you are planning to remarry under the laws of the Catholic Church. There are no settlements and awards given in an annulment. The couple walks away as if the marriage never took place. The annulment can usually be completed within weeks.
Divorce
In order to seek a divorce, the couple has to be legally separated for a predetermined amount of time. Once this time has passed, other issues such as division of property, child support, visitation, and alimony are decided upon. In Illinois, the fault for the divorce is usually placed on one of the spouses, although pending legislation is pending in that regard. A divorce can be complex and it can take months or even years to be settled.
If you are at the point of ending a marriage and you are not sure whether you should be seeking an annulment or a divorce, an experienced Kane County family law attorney can assist you with the questions that you have. Your attorney will ensure that the proper procedures for each type of filing are followed and that your interests are protected.
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