{"id":373041,"date":"2016-03-31T21:35:09","date_gmt":"2016-04-01T02:35:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-annulment-and-prohibited-marriage-laws.html"},"modified":"2024-01-17T17:08:16","modified_gmt":"2024-01-17T22:08:16","slug":"illinois-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"Illinois Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
\n \n
\n

Illinois Annulment and Prohibited Marriage Laws<\/h1>\n
\n
\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The institution of marriage<\/a> is regulated at the state level, although federal courts have stepped in with respect to marriage equality and other constitutional issues. Civil annulment refers to the legal process of invalidating a marriage. It is different from divorce. At the same time, certain types of marriage are prohibited, and they automatically qualify for civil annulments.<\/p>\r\n

In Illinois, civil annulment and prohibited marriage laws state that a civil annulment may be granted for lack of capacity, the physical inability to consummate a marriage, and other reasons.<\/p>\r\n

Every state, including Illinois, also has a list of conditions that disqualify a couple from getting married, including blood relations and bigamy. Examples of people that cannot get married, due to the prohibitions related to blood relations, are first cousins or in-laws. Bigamy is defined as marrying a second spouse while already being legally married to another person.<\/p>\r\n

Same-Sex Marriage in Illinois<\/h2>\r\n

Under Illinois law, like every other state, same-sex marriages are legal. At one point in history, states outlawed same-sex marriage. However, for the entire country, that changed in 2015, while Illinois law has allowed for same-sex marriages since 2014.<\/p>\r\n

In 2015, the U.S. Supreme Court heard a case called <\/i>Obergefell v. Hodges<\/i><\/a>. <\/i>In that case, the U.S. Supreme Court found that state bans on same-sex marriage were unconstitutional. In the wake of that decision by the U.S. Supreme Court, same-sex marriage is legal across the United States.<\/p>\r\n

Prohibited Marriages and Civil Annulments in Illinois<\/h2>\r\n

In the table below, you’ll find the main parts of laws in Illinois that are related to prohibited marriages and civil annulments. See FindLaw’s Marriage Law<\/a> section for more articles and resources.<\/p>\r\n\r\n
Prohibited Marriages<\/td>\r\nUnder 5\/212<\/a>, the following types of marriages are prohibited:
    \r\n
  • A person cannot marry when they are still legally married to another person, which is also referred to as bigamy,<\/li>\r\n
  • Marriages between relatives, while there are exceptions for certain types of cousins, and<\/li>\r\n
  • Common law marriages.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Grounds for Annulment<\/td>\r\n
Time Limits for Obtaining Annulment<\/td>\r\n
Legitimacy of Children<\/td>\r\n