Should I Get an Annulment or a Divorce in Illinois?

 Posted on July 14, 2026 in Divorce

Many people think an annulment is a fast way out of a marriage. In reality, Illinois sets a high bar for proving that a marriage was never valid, so true annulments are rare. Because of that, most people who want to end a marriage must file for divorce instead.

If you are considering an annulment or divorce in 2026, a Joliet, IL divorce lawyer can review your situation and help you choose the right path.

When Is a Marriage Legally Invalid in Illinois?

Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/301, Illinois defines an annulment as a declaration of invalidity of marriage. The law allows it only in a few narrow situations. A marriage may qualify if:

• One spouse could not legally consent because of mental incapacity, alcohol, drugs, or another disabling condition.
• One spouse entered the marriage because of force, duress, or fraud involving an essential part of the marriage.
• One spouse could not have sexual intercourse, and the other spouse did not know that when they married.
• One spouse was 16 or 17 and lacked the required consent or court approval.
• The marriage was prohibited when one spouse was already married, or the spouses were too closely related.

Each ground asks whether the marriage was ever legally valid, not how the relationship turned out later.

Is It Hard to Get an Annulment in Illinois?

Getting an annulment in Illinois is difficult, since only a few specific situations qualify. Reasons that typically lead to divorce, such as growing apart, financial problems, or infidelity, do not meet this test. Even claims involving fraud or duress claims can fail if the evidence does not satisfy the court.

One common problem arises when a couple continues to live together after discovering the fraud or pressure that led to the marriage. In some cases, that can affect whether an annulment is still available. Illinois law also sets strict deadlines for filing many annulment claims. Depending on the reason for the annulment, waiting too long can prevent the court from granting it.

What Happens if Your Marriage Does Not Qualify for an Annulment?

If your situation does not meet one of the narrow grounds for an annulment, divorce is the next step. Illinois law calls this a dissolution of marriage, and it is by far the more common path. In 2023, Illinois had a divorce rate of 1.2 per 1,000 people, according to the Centers for Disease Control and Prevention, underscoring how many Illinois couples go through this process each year.

Unlike an annulment, divorce treats the marriage as valid right up until the day it ends. Because the marriage is recognized as valid, the court can divide your property and debts fairly, order spousal support if one spouse needs it, and build a parenting plan if you have children.

How Is an Annulment Different From a Divorce in Illinois?

Once children or property are involved, the two processes lead to different practical outcomes.

For children, Illinois law keeps things straightforward. Under 750 ILCS 5/303, children born or adopted during a marriage that is later declared invalid remain the lawful children of both parents. A court can still address parental responsibilities, parenting time, and child support under Illinois family law.

Property and support can work differently in an annulment case. A court will normally declare the marriage invalid as of the wedding date. When the judgment is fully retroactive, the usual divorce rules for dividing marital property and awarding maintenance may not apply.

Under 750 ILCS 5/304, the court may make the judgment non-retroactive if fairness requires it. The court must consider all relevant facts, including how a retroactive judgment would affect other people. In a non-retroactive case, the usual Illinois rules for property, maintenance, child support, and parental responsibilities can apply.

There is a second, narrower way a spouse can still receive property or support after an annulment. Under 750 ILCS 5/305, a spouse who honestly believed the marriage was valid may qualify as a "putative spouse." This status exists specifically for annulment cases, and it can preserve a spouse's rights to property and support even when the marriage itself is declared invalid.

Contact a Joliet, IL Family Law Attorney to Discuss Your Options

If you are unsure whether your marriage qualifies for a declaration of invalidity, or if you already know you need a divorce, an Orland Park, IL divorce lawyer at The Foray Hurst Firm can walk you through your options. The Foray Hurst Firm was built on the idea of preserving the dignity of families in transition. Our attorneys are proud members of the Black Women Lawyers' Association, the Black Bar Association of Will County, the Cook County Bar Association, and the National Bar Association. Call 312-702-1293 today to schedule a consultation.