Illinois Info

Illinois Divorce Start Your Divorce Find Professionals Illinois Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Illinois Products Divorce by County

Illinois Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Divorce Coaching Financial Planning Mediation Parenting Property Division SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Illinois Divorce Support Illinois Divorce Online

Annulment, Divorce, or Legal Separation FAQ
1. What is the difference between Annulments, Legal Separations, and Divorces?

Annulment: A Declaration of Invalidity of Marriage Petition seeks a judicial ruling that a valid marriage never took place, that the marriage is not legally valid and that the marriage does not legally exist.

Legal Separation: A Legal Separation Petition seeks a judicial ruling that one spouse should pay another spouse child support or spousal maintenance, and distribution of property, without seeking to dissolve the marriage.

Divorce: A Dissolution of Marriage Petition seeks a judicial ruling that severs or dissolves a valid marriage.

2. What are the grounds for an Annulment?

The grounds for an Annulment include the following:

  • Consanguinity: The parties are first cousins or closer.
  • Bigamy.
  • Age: One party was under the age of legal consent.
  • Mental Incapacity: Due to intoxicating, narcotic substances or mental illness, one party was incapable of comprehending the nature and consequence of the ceremony.
  • Fraud: Fraudulent representations and concealment of specific facts by one party that go to the essence of the marriage;
  • Physical Incapacity: Sexual incapacity of one party that was unknown by the other party. Fraudulent misrepresentation by the incapacitated party is unnecessary.
  • Duress: Factors such as age, mental attitude, physical power, and alleged applications by force must be considered in determining whether one party was forced or coerced by the other party into marriage.

Generally, one who continues to cohabitate, one who ratifies, and one who fails to bring a claim for annulment within 90 days may not assert a claim for mental incapacity, fraud, physical incapacity, or duress.

3. What are grounds for Legal Separation?

For Legal Separation, one need not establish grounds. One need only establish that the parties are in fact living apart through no fault of the party who is filing for Legal Separation.

4. What are the grounds for divorce?

Fault grounds for divorce in Illinois include impotency, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for two years, an attempt to take the life of the other, physical or mental cruelty, conviction of a felony or other infamous crime, infecting the other with a sexually transmitted disease.

No fault divorce is available if the parties have lived separate and apart for two years, or for six months by agreement, and irreconcilable differences cause the irretrievable breakdown of the marriage.

Was this helpful? Like our site & let us know.

Related Articles

Start Illinois Divorce Start Your Illinois Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Illinois Divorce Find Illinois Divorce Professionals in Your Area:
Join the Network
Illinois Divorce Products, Services and Solutions Illinois Divorce Products, Services and Solutions
Illinois Divorce Resources to Help You Through the Process.
Online Parenting Class Illinois Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Illinois Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
When the parties cannot reach an agreement on property division, the Illinois court will divide all the property and debts for them equitably. When a property settlement is finally reached, it must be in writing and signed by both parties.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for an Illinois Divorce


Settle Your Divorce Negotiate Your Illinois Divorce


Support Forum Illinois Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site