QUESTION
Can I get an annulment because my husband has a drug problem I didn't know about?
Asked on Feb 24th, 2016 on Divorce - Illinois
More details to this question:
Me and my husband got married 2 months ago, long story short my husband got caught with a lot of drugs enough to put him away for a long time. At the time we were only dating. Shortly after his trial started they started calling me to trail against him. His lawyer told us it would be a good idea to get married since they can't subpoena your spouse. Well that's what we did, and it was the biggest mistake of my life. Since we got married under certain circumstances am I a good candidate for an annulment?
2 ANSWERS
In Illinois there is no such thing as an annulment, It is called a declaration of invalidity. Just like there is no such thing as divorce , it is a dissolution of marriage. Disregarding that, the ground for a declaration of invalidity are extremely limited. They are: (1) a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage; (2) a party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity; (3) a party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval; or (4) the marriage is prohibited. It does not appear that you fall within any of those grounds.
Answered on Mar 18th, 2016 at 5:31 AM
Unfortunately, you do not meet the requirements for annulment in IL. Illinois statute states that in order to have a marriage annulled, you must meet one of the following. (1) a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage; (2) a party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity; (3) a party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval; or (4) the marriage is prohibited. If you'd like to discuss divorce options, please feel free to contact our office.
Answered on Mar 18th, 2016 at 5:30 AM