Illinois Annulment Laws: Grounds, Deadlines and How to File (2026)

Yes, but Illinois law no longer uses the word. A court in Illinois enters a "judgment declaring the invalidity of a marriage (formerly known as annulment)" under 750 ILCS 5/301, and Section 302 sets short deadlines for most grounds: 90 days for lack of capacity, force, duress or fraud, and one year for physical incapacity.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Illinois civil action for a declaration of invalidity of marriage under 750 ILCS 5/301 to 5/306, with the prohibited-marriage rules in Sections 212, 214 and 216, the marriage-age rules in Sections 203 and 208, the related property and maintenance provisions in Sections 503 and 504, and the child support and parental-responsibility provisions in Sections 505 and 601.2. It does not cover religious annulment, divorce procedure in depth, name changes, or other states' law. For divorce, see Illinois divorce laws.

What Illinois calls an annulment

Illinois handles annulment as a "declaration of invalidity of marriage." Section 301 opens with the operative language:

"The court shall enter its judgment declaring the invalidity of a marriage (formerly known as annulment) entered into under the following circumstances:" 750 ILCS 5/301

The four circumstances that follow are the grounds. Paragraph (1) covers lack of capacity to consent, force, duress and fraud. Paragraph (2) covers physical incapacity to consummate. Paragraph (3) covers a 16- or 17-year-old who married without the required consent or judicial approval. Paragraph (4) covers marriages that Section 212 prohibits.

Many states sort annulment grounds into "void" and "voidable" marriages. Sections 301 and 302 do not use those labels. Every ground is heard in the same action, and what differs from ground to ground is who may file and how long they have. The prohibited marriages in Section 212 come closest to the void category, and Section 216 uses the words "null and void" for one situation described below.

Grounds, who may file and deadlines

This table summarizes each ground with the deadline and the person who may bring it, as Section 302 states them.

The 90-day clock is short and runs from knowledge, not from the wedding. Section 302(a)(1) allows the action "no later than 90 days after the petitioner obtained knowledge of the described condition."

Section 302 states only these time limits for the paragraph (1) grounds. Whether Illinois case law adds a separate bar, such as continuing to live together after learning of the fraud, is not covered by this page.

Prohibited marriages under Section 212

Section 212(a) lists the marriages Illinois prohibits. A prohibited marriage is a ground for a declaration of invalidity under Section 301(4), and the broad filing rule in Section 302(c) applies.

• An earlier marriage still in place. A marriage entered into "prior to the dissolution of an earlier marriage, civil union, or substantially similar legal relationship of one of the parties" is prohibited (750 ILCS 5/212(a)(1)). The statute excepts parties to a civil union who convert it to a marriage.
• Ancestors, descendants and siblings. A marriage "between an ancestor and a descendant or between siblings, whether the relationship is by the half or the whole blood or by adoption" is prohibited (750 ILCS 5/212(a)(2)).
• Uncles, aunts, nieces and nephews. Marriages between an uncle and a niece or nephew, or an aunt and a nephew or niece, of the half or whole blood, are prohibited (750 ILCS 5/212(a)(3)).
• First cousins, with exceptions. A first-cousin marriage is prohibited unless both parties are 50 or older, or either party presents a licensed physician's certificate of permanent and irreversible sterility when applying for the marriage license (750 ILCS 5/212(a)(4)).

When the problem is cured

Section 212(b) can turn a prohibited marriage into a valid one. If the parties keep living together after the impediment is removed, for example after an earlier spouse's divorce becomes final, the statute treats them as married from that date:

"Parties to a marriage prohibited under subsection (a) of this Section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment." 750 ILCS 5/212(b)

Marrying in another state to avoid Illinois law

Section 216 addresses a person who lives in Illinois, intends to keep living here, and goes to another state or country to enter a marriage that Illinois law prohibits and declares void. Such a marriage "shall be null and void for all purposes in this state with the same effect as though such prohibited marriage had been entered into in this state" (750 ILCS 5/216).

Common law marriage

Illinois does not recognize common law marriages formed in the state after mid-1905. Section 214 provides that "Common law marriages contracted in this State after June 30, 1905 are invalid." For how this affects couples who lived together or moved from another state, see Illinois common law marriage.

Underage marriage in Illinois

The Illinois statute text cited here still permits marriage at 16 or 17 with conditions. Section 203(1) requires that each party will have reached 18 when the license takes effect, or "will have attained the age of 16 years and has either the consent to the marriage of both parents or his guardian or judicial approval."

Section 203(1) also sets out the consent rule. Consent can come from both parents or a guardian, or from one parent with a signed affidavit if the other parent cannot be located after diligent efforts (750 ILCS 5/203(1)). Section 208 governs judicial approval: the court must find the minor capable of assuming the responsibilities of marriage and that the marriage will serve the minor's best interest, and pregnancy alone is not enough (750 ILCS 5/208).

A marriage of a 16- or 17-year-old without that consent or approval is not automatically void. It is a ground for a declaration of invalidity under Section 301(3), and only the underaged party or that party's parent or guardian may file, before the underaged party turns the age at which no consent would have been needed (750 ILCS 5/302(a)(3)). This page relies on the codified text and its source notes; it does not cover any recently enacted change that has not yet been codified. A 2025 bill to bar marriage under age 18, HB 1744 (104th General Assembly), showed as its last action a referral to the House Rules Committee on January 28, 2025, when its bill status page was checked on 2026-10-08.

How to file for a declaration of invalidity in Illinois

The case goes to the circuit court. Section 306 provides that "Actions for declaration of invalidity of marriage shall be commenced as in other civil cases."

Venue is the county where the plaintiff or defendant resides (750 ILCS 5/104). The same section states that venue is not jurisdictional.

Sections 301 to 306 do not state a residency period. The 90-day residency requirement in Section 401(a), which asks that a spouse have been an Illinois resident "for 90 days next preceding the commencement of the action," is written for dissolution of marriage.

Forms and self-help

The Illinois Courts statewide approved forms page for divorce lists forms for divorce with and without children, child support, maintenance, parenting plans, financial affidavits, and appearances and responses (Illinois Courts approved divorce forms). It does not list a form for a declaration of invalidity. This page does not identify an official Illinois court self-help page or statewide form specific to annulment, so check with the circuit court clerk in your county or a lawyer licensed in Illinois. If you need a certified copy of the marriage record for your filing, see Illinois marriage and divorce records.

What happens to children after an annulment

Illinois law protects the children's status directly. Section 303 states: "Children born or adopted of a marriage declared invalid are the lawful children of the parties."

Section 212(c) says the same for prohibited and common law marriages: "Children born or adopted of a prohibited or common law marriage are the lawful children of the parties."

Section 505(a) lists declaration of invalidity of marriage among the proceedings in which the court may order child support, and under Section 601.2(b)(1) filing a petition for declaration of invalidity commences a proceeding to allocate parental responsibilities. For parenting time and decision-making, see Illinois child custody laws.

Property, maintenance and the retroactivity rule

By default, the judgment reaches back to the wedding. Under Section 304 the court "shall declare the marriage invalid as of the date of the marriage," unless it finds that the interests of justice would be served by making the judgment non-retroactive.

That choice matters for money and property. Section 304 also provides:

"The provisions of this Act relating to property rights of the spouses, maintenance, support of children, and allocation of parental responsibilities on dissolution of marriage are applicable to non-retroactive judgments of invalidity of marriage only." 750 ILCS 5/304

Other sections also name invalidity cases. Section 504(a) lists "declaration of invalidity of marriage" among the proceedings in which the court may award maintenance, and the property-disposition language in Section 503(d) also names declaration of invalidity. How a court applies those sections together with Section 304 in a particular case is a question for a lawyer licensed in Illinois.

Putative spouse protection

Illinois gives a good-faith spouse statutory protection even when the marriage fails. Under Section 305, a person who went through a marriage ceremony and lived with the other party in the good-faith belief of being married has putative-spouse status until knowledge that the marriage is invalid ends it.

"A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance following termination of his status, whether or not the marriage is prohibited, under Section 212, or declared invalid, under Section 301." 750 ILCS 5/305

The putative-spouse rule does not apply to common law marriages contracted in Illinois after June 30, 1905 (750 ILCS 5/305).

Annulment vs divorce in Illinois

A declaration of invalidity says the marriage was legally defective from the start; a divorce (dissolution) ends a valid marriage. If no Section 301 ground fits, or a deadline in Section 302 has passed, the usual path is dissolution, covered on our Illinois divorce laws page.

This page covers only the civil court action. A religious annulment is a separate process handled by a religious body, outside the statutes described here.

Disclaimer: This article provides general legal information about the Illinois declaration of invalidity of marriage under 750 ILCS 5, verified against the Illinois General Assembly's statute text on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Illinois or contact the circuit court clerk in your county.

Related

• Annulment laws in every state
• Illinois divorce laws
• Illinois common law marriage
• Illinois marriage and divorce records
• Illinois child custody laws

Last updated: 2026-10-08.

Frequently Asked Questions

Can you get an annulment in Illinois?

Yes. Illinois calls it a declaration of invalidity of marriage. Under 750 ILCS 5/301, the circuit court enters the judgment when one of four statutory grounds is proved.

How long do you have to get an annulment in Illinois?

It depends on the ground. Lack of capacity, force, duress or fraud must be raised within 90 days after learning of it, physical incapacity within one year, and a prohibited marriage at any time up to 3 years after the first spouse's death (750 ILCS 5/302).

Is fraud a ground for annulment in Illinois?

Yes, if it is fraud involving the essentials of marriage. Section 301(1) lists it, and Section 302(a)(1) requires filing no later than 90 days after the person filing learned of the fraud.

Is a bigamous marriage valid in Illinois?

No. A marriage entered into before an earlier marriage or civil union was dissolved is prohibited by 750 ILCS 5/212(a)(1). If the parties keep living together after the earlier marriage ends, Section 212(b) treats them as married from that date.

Are children illegitimate after an annulment in Illinois?

No. Section 303 states that children born or adopted of a marriage declared invalid are the lawful children of the parties, and Section 212(c) says the same for prohibited and common law marriages.

Do you have to live in Illinois for 90 days to get an annulment?

Sections 301 to 306, which govern declarations of invalidity, state no residency period. The 90-day residency rule in 750 ILCS 5/401(a) applies to dissolution of marriage.

Can you get spousal support after an annulment in Illinois?

Possibly. Section 504(a) lists invalidity proceedings among those where maintenance may be awarded, Section 304 ties the Act's maintenance provisions to non-retroactive judgments, and a putative spouse has the right to maintenance under Section 305.

Can my parents annul my marriage if I married at 16 or 17 in Illinois?

If you married without the required parental or guardian consent or judicial approval, Section 302(a)(3) lets you or your parent or guardian file, but only before you reach the age at which that consent was no longer needed.