Annulments Involving Prohibited Marriages in Illinois

 Posted on December 21, 2022 in Divorce

People may be surprised to learn that Illinois Family Law encompasses more than divorce, but also includes annulment and prohibited marriage as well. Depending on the circumstances of your marriage, your marriage may qualify for an annulment on the basis that you entered into a prohibited marriage. Since family law can be challenging, strongly consider consulting with an experienced Illinois family law attorney so that any questions regarding your marriage can be answered and, if necessary, you can lawfully exit the marriage. 

Difference between Divorce and Annulment

It is essential to understand that divorce and annulment are separate. In Illinois, an annulment means that the marriage was never valid in the first place. Therefore, the court treats the marriage as if it never actually occurred. Understand that the annulment of a marriage is not a legal separation but rather a way for two people with an invalid marriage to depart the marriage lawfully. For a marriage to be declared invalid in Illinois and thus qualify for an annulment, a Declaration of Invalidity can be filed by either partner in the invalid marriage, an attorney for the state, a child of either party or the legal spouse when a bigamous marriage has taken place. Bigamous marriages are when someone enters a marriage while legally married to someone else. 

What is a Prohibited Marriage in Illinois? 

In Illinois, a prohibited marriage involves one of the following situations:

• One party is legally married to someone else.

• The marriage in question was between family members. These family members may be whole, half, or even an adopted brother and sister, ancestors, or descendants.

• The marriage in question is between uncle and niece or aunt and nephew. Moreover, it would also include nephews, uncles, aunts, and nieces. 

• The marriage in question is between first cousins. However, first cousins at least 50 years of age or older may be eligible to be married if one of the parties possesses a signed statement from a physician stating at least one party in the marriage is infertile.

Contact a DuPage County Family Law Lawyer

As stated previously, family law can be very complicated. However, just because it is complicated, does not mean there are not options out there to assist you in matters pertaining to annulment and prohibited marriages. Contact the compassionate DuPage County family law attorneys with The Stogsdill Law Firm, P.C. to ensure that you proceed with annulment lawfully. Call 630-462-9500 today for a comprehensive consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+III&ActID=2086&ChapterID=59&SeqStart=3137500&SeqEnd=3900000