A
AGuyWhoNeedHelp
Guest
Friend of mime is filling for ANNULLMENT for his short marriage --- 3 month.
Grounds:
This couple married in Illinois in July, 2001.
They hold different nationality other than US.
Husband's parents are still in country A and father got cancer and need him back to take care of him.
Wife is from country B and dislike the people from country A except her husband.
Both Husband and Wife's parents disagree on their marriage.
Husband insists on moving back to Country A to take care of his parents.
Wife insists that she is reluctant to move to country A to take care of his parents.
I am asking the question for my friend:
1. "Can husband file Annullment instead of no-fault divorce in state of Illinois under 750 ILCS 5/301 (4) (see the attached note section ) ?"
2. Since both of them are no US citizen, If they move back to their own country, does this marriage still exist after 2 years?
Thank you for your advice!
(note)
(750 ILCS 5/301 Declaration of Invalidity - Grounds)
Sec. 301. Declaration of Invalidity - Grounds.) The court shall
enter its judgment declaring the invalidity of a marriage (formerly
known as annulment) entered into under the following circumstances:
(1) a party lacked capacity to consent to the marriage at the time
the marriage was solemnized, either because of mental incapacity or
infirmity or because of the influence of alcohol, drugs or other
incapacitating substances, or a party was induced to enter into a
marriage by force or duress or by fraud involving the essentials of
marriage;
(2) 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;
(3) a party was aged 16 or 17 years and did not have the consent of
his parents or guardian or judicial approval; or
(4) the marriage is prohibited.
Grounds:
This couple married in Illinois in July, 2001.
They hold different nationality other than US.
Husband's parents are still in country A and father got cancer and need him back to take care of him.
Wife is from country B and dislike the people from country A except her husband.
Both Husband and Wife's parents disagree on their marriage.
Husband insists on moving back to Country A to take care of his parents.
Wife insists that she is reluctant to move to country A to take care of his parents.
I am asking the question for my friend:
1. "Can husband file Annullment instead of no-fault divorce in state of Illinois under 750 ILCS 5/301 (4) (see the attached note section ) ?"
2. Since both of them are no US citizen, If they move back to their own country, does this marriage still exist after 2 years?
Thank you for your advice!
(note)
(750 ILCS 5/301 Declaration of Invalidity - Grounds)
Sec. 301. Declaration of Invalidity - Grounds.) The court shall
enter its judgment declaring the invalidity of a marriage (formerly
known as annulment) entered into under the following circumstances:
(1) a party lacked capacity to consent to the marriage at the time
the marriage was solemnized, either because of mental incapacity or
infirmity or because of the influence of alcohol, drugs or other
incapacitating substances, or a party was induced to enter into a
marriage by force or duress or by fraud involving the essentials of
marriage;
(2) 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;
(3) a party was aged 16 or 17 years and did not have the consent of
his parents or guardian or judicial approval; or
(4) the marriage is prohibited.