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I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
In Illinois, an annulment is referred to as a Declaration of Invalidity of Marriage (DIV). The court makes it as if the parties were never married.
Unfortunately, Illinois has strict time limits in which one can seek a DIM and those time limits, depending on the reason, range from 90 days (coercion
or mental incapacity) to 3 years (in the case of incest or other prohibited marriage). The time limit for physical incapacity to consummate is one year.
Therefore, it is no longer possible to obtain a DIM under the facts you present and a dissolution would be required.
I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.
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