Annulments: Stipulations for a Clean Marital Slate

Posted on in Annulments

annulments, Geneva family law attorney, Illinois annulment, clean marital slate, illegal marriage, consummation, petition for annulmentOne of the most effective marketing slogans to ever hit the jackpot recently celebrated more than a decade of enticing vacationers and love struck couples to Sin City. Illinois couples, however, do not need to travel to the desert to tie the knot nor petition for an annulment. Couples can opt to petition for an annulment as stipulated under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5). However, under the terms of the Illinois Declaration of Invalidity of Marriage, certain criteria must first be met in order to qualify.

Differing than filing for a divorce, an annulment provides the option to petition the court and request approval to wipe the marital slate clean, thus declaring a marriage as null and void. Annulments can be tricky, however, and contacting a qualified Illinois family law attorney knowledgeable of annulment law in Illinois is essential. However, before your scheduled consultation, these key elements could provide valuable insight to the process.

Critique the Criteria

To meet the requirements of an Illinois annulment, one or more of the following criteria must be met. These requirements include:

  • One or both parties were not of legal age;

  • One party was not mentally capable to enter into the contract;

  • There was an established blood relative connection between the parties;

  • One party was legally married at the time of the ceremony;

  • Non-consummation of the civil union; or

  • Fraudulent terms were not disclosed.

Time is of the Essence

Illinois law stipulates the following:

  • If one party lacked the mental or emotional capacity to understand the terms of the marital contract, the petitioner can file for an annulment within 90 days;

  • If any other of the criteria is met, the petitioner has one year to request an annulment;

  • If the marriage was not consummated, upon the death of one party, the remaining party may petition the courts for an annulment up to three years; and

  • The expected time to receive a decisive ruling from the court is six months.

If your current situation clearly meets the criteria and you would like a clean marital slate, contact the experienced team of the Law Office of Douglas B. Warlick. We understand the complexities of love as well as the legalities of an Illinois annulment. To reach your goal contact us at 630-232-9700 for your personal consultation with Attorney Warlick today.

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