Know the grounds for annulment
While divorce is the most common means of dissolving a marriage, annulment is also a way to end a marriage in certain instances.
When the court rules that a marriage is annulled, it is saying that the marriage was never legally valid. Grounds for annulment - legally called "declaration of invalidity of marriage" - vary in different states.
In Illinois, grounds may include the following circumstances:
- A person lacked capacity to consent to the marriage at the time that the marriage was solemnized, or else was forced into the marriage, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other substances.
- A person committed fraud by his or her unwillingness to disclose information such as a criminal record or the unwillingness to have sexual intercourse.
- A person lacked the physical capacity to consummate the marriage, within one year of the marriage date.
- A person was under age 18 and did not have the consent of his or her parents or guardian or judicial approval.
- A person was still married to someone else at the time of the marriage.
- A person married a close blood relative.
In addition to an annulment provided by the court, some persons may seek religious annulments, thereby enabling them to remarry in accordance with the rules of their faith.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.