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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Been married since 09/08 and marriage isnt working out. i

Customer Question

been married since 09/08 and marriage isnt working out. i live in illinois what are teh rules for annulment. can i annul my marriage or is ther a time frame in Illinois. How would i do it ?
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.

There are only 4 recognized grounds for an annullment:

  • One spouse could not consent to be married. This can be because of:
    • Mental disability
    • Influence of drugs or alcohol
    • Force, duress, or fraud
  • One spouse cannot have sexual intercourse. The other spouse must not have known this at the time of the marriage.
  • One spouse was under age 18 and did not have consent from a parent, guardian, or court.
  • The marriage was illegal.

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=1012

If none of the above apply, one would need to seek a divorce to dissolve the marriage.

There are 4 grounds for dissolution:

1. mental cruelty

2. physical cruelty

3. drug addiction/alcoholism

The last one is "irreconciable differences" and this requires a separation for at least 2 years. If both agree to the divorce, then the separation requirement is reduced to 6 months accompanied by a statement from both spouses that all efforts have been made to try to work out problems, and that the marriage cannot be saved.

I hope I've answered your question to your satisfaction. Please let me know if you require further clarification.

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Thank you; it's been a pleasure to assist you.

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