In Clarendon Hills, a marriage can be ended with either a divorce or annulment. The difference between a marriage and an annulment is that an annulment dissolves a marriage that was never valid while a divorce ends a legal marriage. The typical Family Attorney in Clarendon Hills sees fewer annulments than divorces.
The Grounds for an Annulment
When someone is pursuing an annulment of their marriage, they must prove that there is a legal reason for the annulment. The legal grounds for an annulment include a number of possibilities.
• One of the spouses was underage at the time of the marriage.
• An incestuous relationship existed between the spouses (first or second cousins).
• One spouse lied about something essential to marriage, such as being unable to consummate the marriage or being pregnant with another’s man’s child.
• One spouse was already married and never divorced.
• One spouse is mentally incompetent and doesn’t understand a marital relationship.
• One spouse used force or threats to make the other marry them.
If the spouses continue to live together after one spouse discovers that one of these conditions exists, that could make it impossible to get an annulment. For example, if one spouse has a sexually transmitted disease (STD), that could be used as grounds to annul the marriage – unless they both knew about the STD prior to the marriage or remain together as husband and wife after both are aware of the STD.
What is the Annulment Process
A “Complaint for Annulment” is filed with the court clerk’s office in family court. It must include information on both spouses, the legal grounds or reason for the annulment and whatever the court will need to know when deciding child custody, visitation and support, alimony and division of property.
The other spouse must be served with a copy of the petition. The family court will schedule a hearing, listen to witnesses and weigh the evidence. If the judge agrees that the marriage was never valid, the annulment will be granted. Children from an annulled marriage have the same rights to support and inheritance as if the parents had divorced.
Whether you are seeking a divorce or annulment, it’s equally important to protect your rights. When you need an experienced Family Attorney in Clarendon Hills, contact Dan Walker Law Office.
