Declaration of Invalidity (Annulment)

What Does it Mean?

An annulment is the process through which a marriage or civil union becomes null and void. It is also called a declaration of invalidity.

How Does it Work?

By annulling a marriage or civil union, a couple's marriage or union is no longer legally valid.

A marriage or civil union can only be annulled under certain conditions, including:

• a person was unable to consent to entering into a marriage or union if it took place LESS THAN 90 DAYS AGO
• a spouse is physically unable to consummate a marriage through sexual intercourse
• a minor child has entered into a marriage or civil union; or
• if a couple is in a prohibited marriage or prohibited civil union

Things You Should Know

In Illinois, there are two types of annulments:

1. A retroactive annulment: meaning the marriage or union never took place in the eyes of the law; and
2. A non-retroactive annulment: meaning the marriage or union took place, but was only valid BEFORE the date of the annulment
   

If you and your ex and have minor children, you may have to deal with extra legal issues when getting an annulment:

• child support payments
• allocation of parental responsibilities (child custody)
• parenting time (visitation rights)