Van1027 said:
I am from Illinois and I want to get an annulment. I found that my husband is having an affair and we have only been married for two months. He was cheating before we got married. Can I get an annulment?
DECLARATION OF INVALIDITY OF MARRIAGE
(750 ILCS 5/301)
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.
(Source: P.A. 80-923.)
(750 ILCS 5/302)
Sec. 302. Time of Commencement.) (a) A declaration of invalidity
under paragraphs (1) through (3) of Section 301 may be sought by any of
the following persons and must be commenced within the times specified:
(1) for any of the reasons set forth in paragraph (1) of Section
301, by either party or by the legal representative of the party who
lacked capacity to consent, no later than 90 days after the petitioner
obtained knowledge of the described condition;
(2) for the reason set forth in paragraph (2) of Section 301, by
either party, no later than one year after the petitioner obtained
knowledge of the described condition;
(3) for the reason set forth in paragraph (3) of Section 301, by
the underaged party, his parent or guardian, prior to the time the
underaged party reaches the age at which he could have married without
needing to satisfy the omitted requirement.
(b) In no event may a declaration of invalidity of marriage be
sought after the death of either party to the marriage under subsections
(1), (2) and (3) of Section 301.
(c) A declaration of invalidity for the reason set forth in
paragraph (4) of Section 301 may be sought by either party, the legal
spouse in case of a bigamous marriage, the State's Attorney or a child
of either party, at any time not to exceed 3 years following the death
of the first party to die.
(Source: P.A. 80-923.)
