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Illinois Annulment and Prohibited Marriage Laws
More Information on Annulment and Prohibited Marriage Laws
| Code Section | 750 ILCS 5/212, 5/301, 5/302, 5/303 |
| Grounds for Annulment | Capacity lacking (infirmity, alcohol, drugs, force, duress, fraud); physically incapable of consummating; underage; prohibited marriage |
| Time Limits for Obtaining Annulment | 90 days after knowledge of lack of capacity (either party); 1 year after knowledge of inability to consummate; any time prior to reaching age of consent; all petitions for annulment must be brought before death of either party |
| Legitimacy of Children | Children born or adopted of prohibited or annulled marriage are legitimate |
| Prohibited Marriages | Former marriage undissolved; between ancestor and descendant, brother and sister half or whole blood, uncle and niece, aunt and nephew, half or whole first cousins, (unless no chance of reproduction and both parties over 50 yrs.); common law marriages, same sex |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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