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Asked about 1 year ago - Springfield, IL
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I've heard of people getting their marriages annulled or wiped from their record. In what circumstances is that annulment against marriage allowed?
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The statute is very clear and the circumstances very limited. Annulment under the law is uncommon. If you are looking for a religious annulment, you need to discuss this with your clergy. Here s the statute:
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.
Over 25 years I have handled many divorce cases--and only two annulments. One of the two annulments was denied, and then amended to a divorce. The other case was a divorce that became an annulment--after the petition was amended to allege that the husband already had two wives without valid divorces from the first two ladies.
So annulments are very rare!
You must go to speak to an attorney that is an expert in the are of Matrimonial Law. Annulments are very difficult to get because there are very limited factual circumstances where the parties actually qualify for an annulment. A legal annulment is not the same as a religious annulment. I have only had one annulment in 24 years of practice and that was a deaf, blind and mentally challenged woman who was of legal age to marry but did not have the mental capacity to understand that she was married.
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