Can I Get an Annulment If the Marriage Has Not Been Consummated?

 Posted on August 07, 2025 in Annulments

Getting married is a major decision that should not be taken lightly. However, even the most cautious individuals can find themselves in a marriage that they regret. Whether you rushed into it, felt pressured by family, or realized too late that you never really knew your partner, you might wonder if an annulment is possible instead of getting a divorce.

One common myth is that a marriage can be annulled if it has not been consummated, meaning the couple has not yet had sexual intercourse. In Illinois, this is not true. The law focuses on whether the marriage was valid to begin with — not whether the couple has had sexual relations. Our Rolling Meadows, IL annulment and divorce attorney can further explain whether annulment is an option in your case and, if not, what your options are.

What Is an Annulment in Illinois?

In Illinois, annulments are legally referred to as a "Declaration of Invalidity of Marriage" under 750 ILCS 5/301. This is not the same as a divorce. A divorce ends a valid marriage. An annulment, on the other hand, means the marriage was never legally valid in the first place.

You may be able to get an annulment in Illinois if one or more of the following are true:

• You or your spouse are physically unable to have sexual intercourse, and the other spouse did not know this before the marriage

• You or your spouse were underage and did not have parental consent. You must be 18 to get married in Illinois. You can get married at 16 or 17 if you have permission from a parent or guardian.

• You or your spouse could not consent to the marriage due to drug or alcohol intoxication or mental defect.

• The marriage was a result of coercion, force, or fraud.

• The marriage was prohibited by law because the spouses are close relatives or because one spouse was already married to someone else.

Whether or not you consummated the marriage is not part of the legal criteria. In other words, lack of sexual intercourse alone is not enough to have the marriage declared invalid.

Are There Time Limits to File for Annulment?

Even if you meet one or more of the above criteria, your petition for annulment must be submitted within a certain timeframe. For example, if you allege that you were coerced into getting married or got married under duress, you only have 90 days to petition the Court for an annulment. If you want to get an annulment because your spouse cannot have sexual intercourse, you have one year after learning of the inability to file for an annulment.

If your situation does not fit any of the criteria in the above paragraph, you might not qualify for an annulment. However, this does not mean that you are trapped in the marriage forever. You can still file for divorce.

What Happens If You Do Not Qualify for an Annulment?

If your situation does not meet the requirements for annulment, you are not stuck in the marriage. You can still file for divorce under the Illinois Marriage and Dissolution of Marriage Act. Illinois is a no-fault divorce state, which means you do not need to prove that either spouse did anything wrong. You only need to say that the marriage has broken down irretrievably due to differences that cannot be fixed.

A divorce can address all the same issues you might face in an annulment, such as dividing assets, determining maintenance (alimony), and resolving child-related issues. However, unlike an annulment, divorce assumes the marriage was valid.

Do You Need a Lawyer for an Annulment?

Anytime you are dealing with issues in the realm of family law, having an attorney at least discuss your case with you is a good idea. Annulments are relatively rare in Illinois, and the burden of proof is on the person asking for the declaration of invalidity. You will need evidence to show that one of the specific grounds applies and that you are filing your petition within the legal timeframe.

Even if you believe you qualify, a Court may still deny your petition if the evidence is insufficient or the deadline has passed. An attorney can help you build a strong case and represent your interests in Court.

If an annulment is not available, a lawyer can also help you file for divorce and work toward a fair resolution on all financial and custodial matters.

What Is the Difference Between Annulment and Divorce?

In simple terms, an annulment erases the marriage as if it never existed. A divorce ends a valid marriage.

This distinction can be important for religious reasons, immigration matters, or personal preferences. However, because the legal standards for annulment are so strict, divorce is the more common route.

Important differences include:

• Legal Status: A successful annulment means you were never legally married. A divorce says the marriage happened, but ends it.

• Availability: Divorce is available to all married people in Illinois. Annulments are only available under specific conditions.

• Property Division: Courts may treat property division differently in annulments, depending on the circumstances and how long the couple lived together.

Other Things to Think About Before Asking for an Annulment

In cases where fraud, coercion, or incapacity is involved, annulment may also intersect with other legal issues such as contract law or criminal charges. For example, a marriage entered under duress could potentially involve restraining orders or protection orders if abuse is present.

Additionally, if children are involved, the Court will still determine parenting time, parental responsibilities, and child support, even if the marriage is annulled. Annulment does not cancel out a parent's obligations.

Contact a Hoffman Estates, IL Annulment and Divorce Attorney

If you are unsure whether you are eligible for an annulment, or if you need help deciding on your next steps, reach out to a Rolling Meadows, IL divorce and annulment lawyer at The Law Office of Nicholas W. Richardson, P.C.. We will walk you through your rights and legal options so you can make the best decision for your situation. Free consultations are available. Call us at 847.873.6741.