Annulment

Declaring a Marriage Invalid (Annulment)

A Compassionate Family Law Attorney Who Can Help You Annul Your Marriage

At Taradash Given, P.C., we are always striving to ensure that our client’s rights are always protected. Family law issues and proceedings can be emotionally taxing and we understand the importance of having a compassionate yet zealous advocate stand up for your rights and make sure your goals are realized. If you are having difficulties with your marriage or any family law matter, contact the attorneys at Taradash Given, P.C. We have the knowledge and dedication you need to help you through any family law issue you may find yourself.

Invalidating Your Marriage

Today, an annulment is referred to as a Declaration of Invalidity of Marriage. In a typical divorce case, the courts are terminating a valid marriage. In an annulment, you are asking the court to determine that the marriage was never valid and therefore, the parties were never legally married.

Grounds for Invalidating a Marriage

A Declaration of Invalidity of Marriage is a remedy which is not frequently used. It is typically easier simply to prove the grounds of an irretrievable breakdown of the marriage than to prove the grounds of an annulment. Declaring a Marriage Invalid should be employed when the grounds exist and it is important to one or both of the parties not to have a marriage on their records. Today, there are several grounds to declare a marriage invalid:

• Fraud involving the essentials of the marriage. A misleading or false representation regarding one’s money, character or social standing would not constitute a fraud involving the essentials of the marriage. The fraud must be something which is necessary to the marriage.
• One of the parties did not have the ability to consent to the marriage. For example, if one of the parties was drunk or high on drugs and didn’t know what he/she was doing.
• One of the parties did not have the capability to engage in sexual intercourse;
• One of the parties is still a minor and does not have the approval from his/her parents;
• The marriage is prohibited. Prohibited marriages include: a marriage entered into while still married to someone else; a marriage between family members (i.e. brother and sister or an uncle and niece);
• A marriage between first cousins;

When Do I Have to File a Petition to Annul a Marriage?

1. If one of the parties could not consent to the marriage or if there was fraud or duress, then you have to file your Petition within 90 days after learning of the condition.
2. If one of the parties did not have the ability to engage in sexual intercourse, then the Petition must be filed within one year of learning of the condition;
3. If one of the parties was a minor, then the Petition must be filed prior to the minor becoming an adult (18).

Do You Need to Annul Your Marriage?

If you are in need of an annulment, contact the family law attorneys at Taradash Given, P.C. They have the skills, knowledge and resources to help you through any family law issue you have. Taradash Given, P.C. serves clients in the greater Chicago land area as well as Lake, Will and DuPage Counties. Call us at (312) 775-1020 or contact us online.