Annulment vs. Divorce in Illinois

• The difference between annulment and divorce
• What's the definition of marriage annulment?
• Grounds for annulment in Illinois
• What's the definition of divorce?
• Grounds for divorce in Illinois
• Pros and cons of each action
• References

Annulment and a standard divorce share many similarities, but it’s important to understand their differences. 

In Illinois and most other places, an annulment can be thought of as a legal erasure of a marriage. It’s as if the marriage, legally speaking, never happened in most respects. A divorce ends a marriage, but the marriage still happened in the eyes of the law and may have more far-reaching consequences than if it were annulled.

What's the difference between an annulment and a divorce in Illinois?

In Illinois (and many other places), an annulment is effectively an erasure of a marriage, with the marriage rendered invalid. While actions taken during the marriage can still have legal consequences, and the marriage may still have a social and emotional impact, the marriage itself is basically treated as having never occurred, legally speaking. 

An annulment doesn’t just end a marriage. It retroactively allows a person to have never been married in the eyes of the law. This can carry some unique advantages. However, getting an annulment requires a person to meet one of a few strict requirements. Comparatively, a divorce is usually much easier to get. 

A divorce is a more standard way of ending a marriage. It’s how most people end their marriages. A divorce ends rather than erases a marriage. 

Ending a marriage is usually less legally complex than getting a marriage annulled. But it also has the potential to be more costly in terms of how a divorcing couple’s assets are split. Divorces involving children or other details that add to a case’s complexity don’t tend to be cheap. It may require a person to spend thousands of dollars getting help from a legal expert. 

What's the definition of a marriage annulment?

In Illinois, a marriage annulment is an official declaration that a marriage is invalid and should not be recognized by the state. Marriage annulment works fairly typically in Illinois when comparing it to the annulment process in other states.

Time limits

The state of Illinois limits how long into a marriage a person can get their marriage annulled. There is a 90-day time limit from the moment you become aware of the problem if the reason for the annulment is the result of either party suffering from a relevant mental impairment, being forced into the marriage, or being under the influence of drugs, alcohol, or otherwise incapacitated. 

If a minor is married without the permission of a guardian, one can get the marriage annulled up until the minor turns 18. 

If a spouse cannot have sexual intercourse, the time limit to get the marriage annulled is one year.

The longest time limitations are for marriages that were illegal or when a person attempts to marry someone while already married. An illegal marriage can be annulled within three years of the death of one’s spouse. There is no time limit to annul a marriage prohibited by law. Meanwhile, a marriage to someone who is already married can also be annulled at any time.

Grounds for annulment in Illinois

Illinois generally only accepts a few reasons for marriage annulment. A person needs to prove one of the following about their marriage to get it annulled:

A party was unable to consent to the marriage

A marriage can be annulled if one or both parties were not able to legally consent to the marriage. This might mean a party was under the influence of drugs, threatened with violence, or not present or otherwise was in a situation where they were “married” without giving their legally binding consent to that marriage. 

A party is unable to consummate the marriage

If either party cannot have sexual intercourse, Illinois law allows for a marriage to be annulled within one year. Notably, this situation doesn’t mean the couple must get their marriage annulled. As such, it is generally best to practice honesty and discuss one’s inability to have intercourse before getting married to make sure that won’t be an issue for either party.  

A party was under 18 and didn't have guardian consent 

Minors cannot legally consent to a marriage on their own, although they can get married under the age of 18 with the consent of a guardian in Illinois. If a minor gets married without their guardian’s consent, the marriage can be annulled.

The marriage was prohibited by law

A marriage considered illegal under Illinois law generally can be annulled. Common reasons a marriage might be considered illegal include a person being already married to another party or the couple being too closely related. 

What's the definition of a divorce?

Divorce is the typical way by which one can choose to end a valid marriage (or civil union) in Illinois. 

Unlike annulment, divorce doesn’t render a marriage invalid. It just officially ends the union. This is distinct from an annulment, which does render a marriage invalid. 

Helpful: Illinois Divorce Forms

Grounds for divorce in Illinois

Illinois law makes the state what is commonly called a no-fault state. Broadly, this means a divorcing party doesn’t need to prove that their spouse engaged in faulty behavior such as adultery or abuse. Instead, one or both parties must assert “irreconcilable differences” that make them unable to continue the marriage. 

Irreconcilable differences explained

“Irreconcilable differences” is a term that simply means the marriage has had an irretrievable breakdown. The couple’s issues are significant enough that they feel they cannot fix them or move past them. Therefore, it’s in the family’s best interests to end the union.

A separation period of six months is generally required in Illinois before the state will grant a couple a divorce.

Pros and cons of annulment in Illinois

A major advantage of annulment is that it ends the marriage without the split of assets typical in divorce. 

However, annulments aren’t always possible. A couple must meet specific requirements to qualify for a legal annulment. Further, some of the time windows for annulment are relatively short. 

Annulment also doesn’t render one immune to paying child support or potentially needing to engage in a custody battle. It depends on the specifics of the situation. 

Pros and cons of a divorce in Illinois

Getting a divorce in Illinois is relatively easy compared to getting a marriage annulled. Although the process can still present challenges (and may be expensive if you need a lawyer), alleging irreconcilable differences is far easier for most couples than meeting the very specific legal requirements for annulment.

Divorce also doesn’t need to be expensive. Whether you need a lawyer or not largely depends on the specifics and complexity of your case. If you and your spouse are amicable or willing to engage in mediation, your final bill can be much smaller – and you’ll likely experience less stress than you would in a litigated divorce.

The division of marital assets in divorce may be beneficial to a divorcing party. Because the state requires assets to be divided fairly, it is possible for both people to walk away feeling as if they “won” some aspect of their divorce.

Divorce also doesn’t require a person to render their marriage invalid. It only requires that they end it. There are many legal, social, and emotional reasons why some people prefer it this way.

References