The reasons for marriage annulment in Illinois are very specific......so if one of these applies move quickly:
- one of the parties lacked capacity to consent to the marriage because of mental incapacity or infirmity (e.g., dementia, retartdation or intoxication by alcohol or drug induced haze) or was induced by fraud to marry by force or duress or by fraud involving the "essentials of marriage"; (this has to be done within 90 days of the marriage or the petition is timebarred)
- a party cannot consummate the marriage by sexual intercourse and the other party did not know of the inability; (this has to be done within 1 year of the marriage or it is timebarred)
- a party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval; (this has to be done before the minor turns to the age of majority or it is timebarred)
-the marriage is otherwise legally prohibited (like one party was already married and kept that from the spouse) etc....
Also, your spouse cannot claim a common law marriage as that legal theory has been outlawed in Illinois since 1905.
So, seek a court declaration RIGHT AWAY for an annulment. The time limit is strictly applied so you may have to do a divorce.
I don't know what the rules are for North Carolina and I don't exactly agree without a lot more detail that Illinois law applies. How long have you lived in NC
This asker has contacted my office He is a permanent resident of Illinois and should file here. As I mentioned to him in my answer to his earlier question, he can locate many attorneys by clicking on the Find a Lawyer link at the top of this page. He can also seek referrals from friends or relatives here. He resides on the south side of Chicago and his would be a Dalety Center case.
Yes you can and it sounds like should file for divorce. If you meet the residency requirements for Illinois then you can file there.
Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.