Deciding whether to annul your marriage is a serious issue that can have a profound affect on your life. When an annulment is granted, your marriage is treated as if it never existed. The grounds for annulling a marriage are limited and must be based on certain circumstances. If you want to find out more information about annulments and the steps you’d need to take to end your marriage, consult an experienced family attorney in Lake County IL.
Lack of Capacity
When one of the parties did not have the capacity to consent to getting married, the marriage can be annulled. A Declaration of Invalidity of Marriage may be granted by the court if one of the parties was under the influence of drugs or alcoho; mentally impaired; or got married under duress, by force or as a result of fraud.
Unable to Consummate Marriage
The marriage won’t be consummated if one of the parties isn’t able to have sex. The marriage can be annulled only if the other partner didn’t know that their spouse was impotent when they got married.
Lack of Parental Consent
If one of the people is under eighteen years old, he or she can’t get married without the consent of the parents, guardian, or approval from the court.
The Marriage is Illegal
The type of marriages that are prohibited by law include bigamy or incest. Bigamy means a person is getting married even though they are still legally married to someone else. A person cannot be legally married to multiple people at the same time. Another type of marriage that is prohibited is a marriage between people with an incestuous relationship. It’s illegal for siblings, first cousins, and other close relatives to get married.
Time Limits for Annulments
There is a time limit for filing an annulment. The time limits imposed on annulments vary depending on the grounds for requesting the annulment. The time limit for requesting an annulment usually refers to when the person initially found out about the issue that can invalidate the marriage, not the date the marriage occurred.
If the person didn’t have the capacity to consent to the marriage, he has 90 days to file an annulment. When the marriage hasn’t been consummated, the parties have up until one year to invalidate the marriage. When one of the parties is a minor, the parent or guardian must request an annulment before the child becomes eighteen years old. If one of the parties has committed bigamy, the petition for an annulment can be filed at any time except if it has been at least three years since the first spouse died.
If you want to know if you are eligible to get an annulment, contact family attorney in Lake County IL for assistance. They will be able to discuss your situation with you and explain your legal options.