Annulments
Helping Clients Reclaim Their LivesCrystal Lake Annulment Attorneys
What Is an Annulment?
An annulment is a legal process that declares a marriage null and void. In other words, an annulment is a legal declaration that a marriage never existed. In Illinois, annulments are relatively rare, and the process is more complicated than a divorce. However, if you qualify for an annulment, it may be a better option for you than a divorce.
Our Crystal Lake annulment lawyers can help you determine if you qualify for an annulment. Call (815) 374-7783 or contact us online to schedule a consultation.
Grounds for Annulment in Illinois
Illinois law allows for annulments in very limited circumstances. If you do not meet the requirements for an annulment, you will need to file for divorce. Our attorneys can help you determine if you qualify for an annulment and guide you through the process.
Grounds for annulment in Illinois include:
- One or both spouses were underage at the time of the marriage and did not have the consent of a parent or guardian
- One or both spouses were unable to consent to the marriage due to mental incapacity or impairment
- One or both spouses were unable to consummate the marriage due to physical incapacity
- One or both spouses were forced or coerced into the marriage
- One or both spouses were already married or in a civil union at the time of the marriage
- The marriage is prohibited by law, such as a marriage between close relatives
It is important to note that, in Illinois, a marriage cannot be annulled based on fraud. If one spouse lied about his or her age, criminal history, or other important information, the marriage is still considered valid. However, if one spouse lied about his or her ability to have children, the marriage may be annulled.
How to Get an Annulment in Illinois
The process for getting an annulment in Illinois is similar to the process for getting a divorce. You will need to file a petition with the court and provide evidence that you qualify for an annulment. If your spouse contests the annulment, the case will go to trial, and a judge will decide whether to grant the annulment.
To get an annulment in Illinois, you will need to:
- File a petition with the court
- Provide evidence that you qualify for an annulment
- Attend a hearing
Our attorneys can help you gather the necessary evidence and guide you through the process of getting an annulment in Illinois.
How Long Does an Annulment Take in Illinois?
The length of time it takes to get an annulment in Illinois depends on the specific circumstances of your case. If your spouse contests the annulment, the case will go to trial, which can take several months. If your spouse does not contest the annulment, the process can be completed in as little as a few weeks.
How Does an Annulment Affect Children?
If you have children and get an annulment, the court will still need to make decisions about child custody, visitation, and child support. The court will make these decisions based on the best interests of the child, just as it would in a divorce case.
Factors the court will consider when making decisions about child custody and visitation include:
- The child's relationship with each parent
- The child's wishes, if the child is old enough to express a preference
- The child's adjustment to his or her home, school, and community
- The mental and physical health of all parties involved
- Any history of domestic violence
Factors the court will consider when making decisions about child support include:
- The financial resources and needs of the child
- The financial resources and needs of each parent
- The child's standard of living before the annulment
- The child's physical, mental, and emotional health
- The child's educational needs
Our attorneys can help you protect your rights and your children's best interests in an annulment case.
Our Crystal Lake annulment lawyers can help you determine if you qualify for an annulment. Call (815) 374-7783 or contact us online to schedule a consultation.
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