A divorce acknowledges the end of a marriage. An annulment, however, states that a marriage never existed. If you meet certain requirements outlined by the state of Illinois, an annulment may be an option. Consider the following five benefits to getting an annulment instead of a divorce:
1. No Property Division
Property division is one of the most stressful aspects of a divorce. If you qualify for an annulment, you will not have to worry about property division. In most cases, a judge will assign all property and debts to the individual who owned them prior to the marriage.
2. Marital Debt is Split Equally
In an annulment, each individual is left with the debts they had before getting married. In the event you and your partner accumulated any debts while you were married, they will be split evenly. An annulment can protect you from paying more martial debt than your partner.
3. Prenup is Not Valid
If you and your partner signed a prenup before your marriage, it is important to understand that it is invalid if you undergo an annulment. Prenups are only applicable to couples who divorce or legally separate.
4. The Chance to Remarry
Although an annulment is different than a divorce, it is designed to allow partners to start over. If you hope to remarry one day, you can legally do so by getting an annulment.
5. Not a Valid Marriage
A divorce states that you were married and chose to end your marriage. An annulment, however, declares that you were never legally married. This can give you a fresh start and make it easier for you to put your past behind you.
Annulment Requirements in Illinois
An annulment may only be requested in Illinois if a couple meets one out of the following criteria:
One spouse was unable to consent to the marriage. For instance, he or she was under the influence of alcohol or drugs at the time of marriage;
One spouse was physically incapable of engaging in sexual intercourse and the spouse requesting the annulment was unaware when the marriage occurred;
One spouse is under the age of 18 and did not receive approval from his or her parents or legal guardians; or
The marriage was illegal.
Contact Our Will County Divorce Lawyers
If you are wondering whether an annulment is right for you, reach out to our highly skilled Joliet divorce lawyers. Call us at 815-726-9200 to learn about your legal options and make the right decision for your future.