What is Annulment and Who is Eligible?

 Posted on February 25, 2026 in Annulments

Most people are familiar with divorce, but fewer are familiar with annulments. Those who are often don’t know what the difference is. If you’re on the verge of ending your marriage, knowing the difference can be very helpful, as annulments are legally very different from divorce.

Not many marriages qualify for annulment, but if yours does, it can change the process substantially. A Kane County family law attorney can review your situation and help you understand which path you should take.

What Is an Annulment, and How Is It Different From Divorce?

A divorce ends a legally valid marriage. An annulment, on the other hand, declares that the law never saw the marriage as valid. Essentially, a divorce says, "This marriage happened, and now it’s over." An annulment says, "This marriage should not have happened in the first place." In Illinois, the official legal term is a "declaration of invalidity of marriage," and is defined under law 750 ILCS 5/301.

Many people who are getting divorced feel their marriage shouldn’t have happened in the first place, but an annulment isn’t about having regrets. It’s about whether the people getting married were mentally and emotionally able to consent to marriage, and in some cases, if one spouse was misleading the other.

It’s also important to remember that a religious annulment does not equate to a legal annulment. If you want your annulment to be valid in the eyes of the law, you must go through the correct legal channels.

What Are the Grounds for Annulment in Illinois?

Annulments are not better or easier to get than a divorce. They actually require meeting a higher burden of proof. You must show the court a specific legal reason (called a ground) that makes the marriage invalid. These fall into two categories: void marriages and voidable marriages.

Void Marriages

A void marriage is one that was illegal from the start and can be challenged at any time. In Illinois, a marriage is automatically void if:

• One spouse was already legally married to someone else at the time of the ceremony (bigamy)
• The spouses are too closely related by blood or adoption under Illinois law (incest)

There is no time limit for challenging these marriages.

Voidable Marriages

A voidable marriage can be declared invalid based on the following grounds:

• One spouse lacked the ability to consent at the time of the marriage due to mental incapacity, intoxication, or being under the influence of drugs
• One spouse was forced, threatened, or deceived into the marriage (duress or fraud)
• One spouse is physically unable to have sexual intercourse, and the other spouse did not know this at the time of the marriage (outdated and not often cited, but still part of the law)
• One spouse was under 18 years old and did not have consent from a parent, guardian, or court

For voidable marriages, there are strict time limits for filing. In most cases involving lack of consent, intoxication, or fraud, you must file within 90 days of discovering the problem. For underage marriages, the petition must be filed before the minor turns 18.

What Happens to Children and Property in an Annulment?

A common misconception is that annulments erase the legal relationships between everything, including children. That is not the case. Children born of an annulled marriage are still considered legitimate under Illinois law. Courts still address parental responsibility, parenting time, and child support just as they would in a divorce.

Because annulments treat the marriage as though it never existed, though, there are effects on other areas like property rights, financial obligations, and, in many cases, whether spousal support is available. For example, there is technically no marital property to divide in an annulment, and assets acquired during the marriage will need to be divided using a different method. You should talk to your lawyer to understand how annulment versus divorce might impact these parts of your specific case.

Annulment vs. Divorce: Which One Should You Choose?

For most people ending a marriage in Illinois in 2026, divorce is the more practical route. Illinois is a no-fault divorce state, meaning you do not need to prove your spouse did something wrong to be allowed to divorce. This is a much lower bar than proving grounds for annulment.

That said, annulment may be the right choice if:

• You were tricked or coerced into the marriage
• Your spouse concealed something that majorly affected your ability to consent to the marriage with full understanding of the situation
• The marriage was legally prohibited from the start
• You have personal, religious, or financial reasons for pursuing invalidity rather than divorce

Call a Geneva, IL Divorce Attorney Today

If you are unsure whether annulment or divorce is better for you – or if you even qualify for annulment – speaking to a Kane County annulment lawyer is the best first step. At The Law Offices of Douglas B. Warlick & Associates, we provide a highly personalized experience for every client. We are trained in collaborative law and committed to finding the most efficient solution for your situation. We are also fully prepared to go to court if that is what your case requires. Call The Law Offices of Douglas B. Warlick & Associates at 630-232-9700 today for a consultation.