Illinois Annulment Laws

Code Section
750 ILCS 5/212, 5/301, 5/302, 5/303

Capacity lacking (infirmity, alcohol, drugs, force, duress, fraud); physically incapable of consummating; underage; prohibited marriage

90 days after knowledge of lack of capacity (either party); 1 year after knowledge of inability to consummate; any time prior to reaching age of consent; all petitions for annulment must be brought before death of either party

Legitimacy of Children
Children born or adopted of prohibited or annulled marriage are legitimate

Prohibited Marriages
Former marriage undissolved; between ancestor and descendant, brother and sister half or whole blood, uncle and niece, aunt and nephew, half or whole first cousins, (unless no chance of reproduction and both parties over 50 yrs.); common law marriages, same sex

Inside Illinois Annulment Laws