Do We Need a Lawyer to Get an Annulment?

 Posted on July 09, 2025 in Annulments

Under Illinois law, an annulment — officially called a declaration of invalidity of marriage — is different from a divorce. Instead of ending a valid marriage, an annulment declares that a legal marriage never existed. For couples in Rolling Meadows or Hoffman Estates who believe their marriage should never have happened under the law, annulment may be an option. However, the process is not simple, and most people benefit from speaking with an Illinois family lawyer to find out whether their situation qualifies.

When Is a Marriage Invalid Under Illinois Law?

Only certain circumstances allow a marriage to be declared invalid in Illinois. These include situations where one party was already married to someone else at the time, one or both parties were underage and did not have the ability to give proper consent, or where a party lacked mental capacity due to intoxication, coercion, or another issue. In some cases, marriages may also be invalidated if there was fraud that affected the essentials of the marriage.

Illinois law does not allow annulments just because the marriage was short or regrettable. In cases like this, an uncontested divorce is likely the better option. A declaration of invalidity is only available when very specific legal grounds are met.

How Is an Annulment Different From a Divorce?

A declaration of invalidity erases the marriage, as if it never existed in the eyes of the law. A divorce, on the other hand, ends a valid marriage and may involve decisions about property division, child custody, and support. If you do not meet the requirements for an annulment, you may still pursue a divorce.

Do You Need a Court Order for an Annulment?

Even if both parties agree that the marriage was invalid, a declaration of invalidity must be issued by a Court in order to have legal effect. The person who wants the annulment must file a petition with the Court and provide evidence that supports one of the statutory grounds.

The Judge will review the evidence, and in many cases, a hearing is held. If the Judge agrees that the marriage meets the requirements under 750 ILCS 5/301, the Court will issue an order declaring the marriage invalid.

What Are the Deadlines for Filing for Annulment in Illinois?

Illinois law includes strict time limits for seeking a declaration of invalidity. These vary depending on the reason you are asking for the annulment. For example, if the petition is based on a lack of consent due to mental incapacity, the petition must be filed within 90 days of discovering the problem. If it is based on fraud, the deadline is also 90 days from when the fraud is discovered. Some cases allow up to one year or until a minor turns 18. Failing to file on time can result in the Court dismissing your request, even if your reason would otherwise qualify.

Can We Get an Annulment Without a Lawyer?

While it is legally possible to file for a declaration of invalidity without an attorney, doing so is not always wise. The rules surrounding annulment in Illinois are complex. Each case depends on the specific facts, and you must present a strong petition with supporting evidence. If your petition is incomplete or does not show that your case meets the legal requirements, the Court may deny it.

A lawyer can help you understand whether you qualify for an annulment, file the correct documents, and represent your case at the hearing. If children or property are involved, legal representation becomes even more important.

Call a Rolling Meadows, IL Family Lawyer Today

If you are considering an annulment, you need to act quickly and speak with a lawyer before you make any decisions. The Hoffman Estates, IL family lawyer at The Law Office of Nicholas W. Richardson, P.C. understands the specific legal grounds for annulment in Illinois and how to present a compelling case to the Court. Call us at 847.873.6741 to schedule a free consultation.