By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 17, 2024
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The institution of marriage 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.
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.
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.
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.
In 2015, the U.S. Supreme Court heard a case called Obergefell v. Hodges. 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.
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 section for more articles and resources.
| Prohibited Marriages | Under 5/212, the following types of marriages are prohibited:
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| Grounds for Annulment |
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| Time Limits for Obtaining Annulment |
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| Legitimacy of Children |
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Note: State laws are constantly changing. Contact an Illinois family law attorney or conduct your own legal research to verify the state law(s) you are researching.
Consider reviewing the following resources for more information about laws in Illinois, including those related to prohibited marriages or civil annulments:
Consider reviewing the following resources, as well, for more information about laws and legal issues related to prohibited marriages and civil annulments:
If you're considering a civil annulment or are concerned about the legitimacy of your marriage, consider contacting a qualified family law attorney near you. They can assist you with all the the legal issues and procedures that come with such concerns.
Contact a qualified attorney.
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