A devout Catholic woman has been married for over 20 years. She and her husband have raised four healthy, happy children who are now adults. She knows that she and her husband have drifted apart somewhat due to the stress of their jobs, but she is completely shocked when he comes to her and tells her he wants a divorce. Divorce is not an option for her due to her religious beliefs. She’s wondering whether she may be able to get an annulment instead of a divorce. She thought her husband shared the same belief, but he keeps pushing for a divorce.
We will discuss the differences between an annulment and divorce in Illinois. If you wonder which option is best for your situation, we recommend contacting Glasgow & Olsson to schedule an initial consultation with an experienced divorce attorney who will help you understand your options.
What is an Annulment?
An annulment is a legal process that declares a marriage null and void. A divorce is a legal dissolution of a valid marriage by a court. Divorces end a marriage legally. Annulments make it so that the marriage never happened because it was invalid from the beginning. Illinois calls annulments ‘Declarations of Invalidity.’ Marriages can only be annulled in Illinois if they were considered illegal from the beginning.
Annulments are much rarer than divorces because it is difficult to prove one of the grounds for an annulment. People can get divorced for any reason by claiming irreconcilable differences. To successfully obtain an annulment, the person petitioning for the annulment must prove one of the following grounds have been met:
Misrepresentation or fraud: One spouse did not tell the truth, such as failure to tell the spouse that he or she was already married
Incest or impotence: One spouse is impotent and did not tell the other spouse this information before getting married, or the spouses are too closely related to marry each other legally
Lack of consent: One spouse did not have the mental capacity to consent or was forced to get married
What if I Do Not Meet the Grounds for an Annulment?
If you do not meet the grounds for an annulment, you will need to pursue a legal separation or a divorce. If one spouse is convinced that divorce needs to happen, you may not be able to stop the divorce from happening. One spouse can file for divorce based on no grounds faults citing irreconcilable differences. Before the divorce is finalized, the couple will need to be separated for a certain amount of time.
The process for annulling a marriage through the state of Illinois is separate from the process of getting a marriage annulled through a religious organization, such as the Roman Catholic Church. Even if the wife mentioned in the beginning of the article cannot succeed in obtaining an annulment, she can pursue an annulment through the Roman Catholic Church. Other religious organizations have processes for annulments as well.
Contact a Cook County Annulment Attorney
If you need representation for an annulment, divorce, or child support matter in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.