DuPage County Annulment Attorneys
Declaration of Invalidity of Marriage Lawyers Serving Lisle, Downers Grove and Naperville
If couples want to dissolve a marriage, one option is to seek an annulment. In Illinois, this is referred to as a “declaration of invalidity” of marriage. When granted, the marriage is deemed to have never existed. Annulments are far more restrictive than divorces and can only be sought under limited circumstances. If you are considering this course of action, it is important to first speak with a skilled family law and divorce attorney.
At Momkus McCluskey LLC, our family law group has in-depth experience with all matters related to divorce, legal separations, annulments and other family legal matters. Our attorneys are compassionate and responsive with an unwavering commitment to protecting the interests of each client we serve. We work closely with our clients to understand their unique circumstances and craft the most practical solution to address their needs and meet their goals.
Grounds for Declaration of Invalidity of Marriage in Illinois
There are certain situations when you can file for an annulment in Illinois:
- Underage Spouse without Parental Consent: When one of the spouses was only 16 or 17 at the time of the marriage and did not receive the consent of a parent, guardian or judge.
- Lack of Capacity/Coercion/Duress: When one of the spouses did not have the capacity to marry because of intoxication or mental illness and was coerced into going through with the ceremony.
- Fraud: When the marriage is based on a lie that affects the “essentials of the marriage.” For example, if one spouse married the other to avoid deportation but never intended to live under the same roof, have children, share finances, etc.
- Inability to Consummate: When one spouse is unable to physically consummate the marriage and failed to disclose this before the wedding.
- Bigamy: When one spouse is already legally married to someone else at the time of the marriage.
Statute of Limitations on Illinois Annulments
There are strict time limits under which a declaration of invalidity of marriage can be sought. When a marriage is declared invalid, there are significant differences in how the underlying issues are handled. In most cases, the declaration of invalidity will be made retroactive back to the date of marriage. Since the marriage was never existent, no maintenance or alimony is available and issues such as child support, child custody and division of property must be worked out in separate proceedings. Exceptions may be made in rare cases such as bigamy when one spouse was deceived into believing that they had a valid marriage for an extended period of time.
Annulment/declaration of invalidity of marriage is difficult to obtain and should only be sought if one of the aforementioned circumstances applies. If you are facing marital difficulties and want to discuss options for dissolving your marriage, contact Momkus McCluskey LLC today at (630) 434-0400 for a consultation. We provide advice and counsel from our team of experienced and compassionate annulments attorneys in DuPage County, Illinois.