What are the grounds for an annulment?

In Illinois, an annulment is a court-ordered legal procedure that declares a marriage invalid. It is different from a divorce in that an annulment erases the marriage from the record, as if it never happened, while a divorce legally ends a marriage that existed. In the state of Illinois, the courts require a reason or grounds for annulment before it can be granted. Annulment may be granted if the marriage was based on fraud or duress, if one of the spouses had a mental disability at the time of the marriage, if one of the spouses was already married, or if the marriage was between close relatives, such as siblings, first cousins, or a parent and a child. In addition to the above, annulment may be granted if either spouse was under the legal age to marry, or if one spouse was not legally eligible for marriage because of immigration status. To qualify for an annulment based on mental illness, one of the spouses must have been legally declared as mentally unfit at the time of the marriage. If none of these grounds apply, it is likely that the court would deny an annulment. Both parties must also agree to the annulment; if one party does not, it is unlikely the court will grant the annulment. If the court does not grant the annulment, then the couple’s only option is to get a divorce.

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What are the grounds for an annulment?

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