Anullment after 6 years and no sex?

[LACook]

What is the name of your state (only U.S. law)? IL

I have been married for 6 years and we have never had sex. We have lived apart for 1 year now. Could I get an annulment?

Thanks!

 

[LdiJ]

What is the name of your state (only U.S. law)? IL

I have been married for 6 years and we have never had sex. We have lived apart for 1 year now. Could I get an annulment?

Thanks!

Possibly, however the rules for annulments are very state specific so you would really need to consult a local attorney.

I will tell you however, that 9 times out of 10, its quicker, easier and less expensive to simply get divorced.

 

[mistoffolees]

What is the name of your state (only U.S. law)? IL

I have been married for 6 years and we have never had sex. We have lived apart for 1 year now. Could I get an annulment?

Thanks!

Nope.

Do you really think you're going to convince a court that you were married and living together for 5 years and never had sex- and that you just discovered that your spouse couldn't have sex? If there's a physical problem, you should have known about it many years earlier.

Grounds for annulment in IL:
Illinois Annulment FAQ's — DivorceNet

Specifically:
A party cannot consummate the marriage by sexual intercourse and the other party did not know of the incapacity;

That is combined with a time limit:
Inability to consummate the marriage: either party may petition, but the petition must be filed within one year after the petitioner obtained knowledge of the grounds

So, you're going to have to convince a judge that you were married for 5 years and then separated a year ago and only now found out that your partner was UNABLE (not unwilling) to have sex. Not a chance.

Get a divorce.

 

[latigo]

In Illinois what was formerly known as the annulment of a marriage is now called a “Declaration of Invalidity of Marriage”.

Also there are limited ground upon which an Illinois court can declare a marriage invalid.

The fact that your marriage was not consummate would only be grounds under these circumstances:

“A party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity.”

Moreover, you would be required to bring the petition for a declaration of the invalidity of marriage,

“No later than one year after the petitioner obtained knowledge of the described condition.”

(See: Illinois Statutes Section 750 Part III Declaration of Invalidity of Marriage)

 

[mistoffolees]

In Illinois what was formerly known as the annulment of a marriage is now called a “Declaration of Invalidity of Marriage”.

Also there are limited ground upon which an Illinois court can declare a marriage invalid.

The fact that your marriage was not consummate would only be grounds under these circumstances:

“A party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity.”

Moreover, you would be required to bring the petition for a declaration of the invalidity of marriage,

“No later than one year after the petitioner obtained knowledge of the described condition.”

(See: Illinois Statutes Section 750 Part III Declaration of Invalidity of Marriage)

I think I said all of that.