I have been married for 8 months and live in illinois--can I get an anullment? And does he have to agree?

Answer 1

Annulments are difficult to obtain. What you have to do is prove to the County Supreme Court Justice that you were a victim of fraud.

The marriage itself needs to have been profaned somehow. Were you used for money? Did he need you to help him play a part in his personal gain or for immigration (if he's an immigrant)? Or did he want to show the world he was straight in order to get that job or job promotion?

You're not likely to get a default judgment. He'll probably fight it tooth and nail. If nothing else, your wanting to "erase" the marriage will enrage him.

Answer 2

Here are some FAQ's on Illinois annulments. You would have to use one of the grounds for annulment below and prove that you or your spouse fall under those conditions. Otherwise, you would have to get a divorce. I suggest that you contact a lawyer.

1) What is annulment, and when can a marriage be annulled?
Annulment (declaration of invalidity) is a legal proceeding to declare a purported marriage to be invalid -- as if it had never happened.

2) What are the grounds for annulment?

1. At the time of the marriage ceremony, one of the parties lacked capacity to consent to the marriage because of mental incapacity or infirmity (e.g., retardation, psychosis, dementia, or intoxication by alcohol or drugs) or was induced to enter into the marriage by force or duress or by fraud involving the essentials of marriage;
2. A party cannot consummate the marriage by sexual intercourse and 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;
4. The marriage is prohibited (see above).

3) Is there a time limit for getting an annulment?
Yes. The time limit depends upon the grounds for annulment.

Lack of capacity to consent to the marriage: either party may petition, but the petition must be filed no later than 90 days after the petitioner obtained knowledge of the grounds.

Inability to consummate the marriage: either party may petition, but the petition must be filed within one year after the petitioner obtained knowledge of the grounds.

Underage party: that party, or his or her parent or guardian, may petition for annulment prior to the time the underage party reaches the age at which marriage is permitted.

Answer 3

Normally you cant get an anullment unless you can prove you were drunk, or forced to get married, etc... and plus you've been married for 8 months. You probably have to get a divorce. He doesnt HAVE to agree. But if there are papers in front of him he will eventually sign them. This isnt an easy process. Good luck!

Answer 4

Annulment (declaration of invalidity) is a legal proceeding to declare a purported marriage to be invalid -- as if it had never happened.
The following are the grounds for annulment:
At the time of the marriage ceremony, one of the parties lacked capacity to consent to the marriage because of mental incapacity or infirmity (e.g., retardation, psychosis, dementia, or intoxication by alcohol or drugs) or was induced to enter into the marriage by force or duress or by fraud involving the essentials of marriage;
A party cannot consummate the marriage by sexual intercourse and the other party did not know of the incapacity;
A party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval;
The marriage is prohibited (see above).
There are the time limits depends upon the grounds for annulment.
Lack of capacity to consent to the marriage: either party may petition, but the petition must be filed no later than 90 days after the petitioner obtained knowledge of the grounds.
Inability to consummate the marriage: either party may petition, but the petition must be filed within one year after the petitioner obtained knowledge of the grounds.
Underage party: that party, or his or her parent or guardian, may petition for annulment prior to the time the underage party reaches the age at which marriage is permitted.
Most likely you need to get divorce but then there is 2 year separation required which maybe waived by the court.

Answer 5

Hobart,

I live in Chicago and as far as I know the state of Illinois only allows annulment of a marriage if you married under false pretenses (he lied about his civil status and is already married, he did not divulge information that he had AIDS etc...) and even then it is pretty difficult. You would be better off just getting a divorce.

As far as him agreeing, nothing in the statutes says you are bound to the marriage. All it takes is one of the spouses to want out.

You'd be better off consulting an attorney or a church or community organization with that type of legal aid or counsel.

Answer 6

anulments are weeks not months and yes he has to agree or you have to get a lawyer
or he can disagree and just sign.
all you need is his signature
and chances are if he dont agree he wont sign so you need a lawyer who will take it to court and make him sign

Answer 7

You are giving up after only 8 months? Planning a wedding takes longer that that! Wow. That's very sad. What happened to the promises you made? "For better for worse....etc." You need to consult an attorney. Make an appointment.

Answer 8

I know you can getr a anullment and I reaqlly dont think he has to agree

Answer 9

Yes. And you have to go before a judge for it.

Next time THINK before you get married.

Answer 10

Go get a lawyer cause you are gonna have to get a divorce unless he can't get it up.