Declaration of Invalidity of Marriage

DECLARATION OF INVALIDITY OF MARRIAGE

The following are grounds for the Court to declare the marriage invalid:

  • A spouse lacked the capacity to consent to the marriage at the time of the ceremony due to mental incapacity due to alcohol, drugs, or other incapacitating substances; or a spouse was induced to enter into the marriage by force, duress, or fraud involving the essentials of the marriage.
  • A spouse lacks the physical capacity to consummate the marriage by sexual intercourse AND at the time of the marriage the other spouse did not know of this physical incapacity.
  • A spouse was aged 16 or 17 at the time of the marriage and did not have consent of his parents, guardian, or judicial approval.
  • The marriage is prohibited by law. See 750 ILCS 5/212.

For each ground, there are specific time limits for filing a Petition for Declaration for Invalidity.  See 750 ILCS 5/302 for more details.

To begin proceedings, you must draft a Petition for Declaration of Invalidity of Marriage setting forth the appropriate grounds (detailed above) and providing information similar to a Petition for Dissolution.