Can a person file for an annulment if the couple was married in a different county than the license was issued in?

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Can a person file for an annulment if the couple was married in a different county than the license was issued in?

Married in Jackson County; license obtained and filed in Williamson County. Is the marriage legal? Can it be annulled instead of filing for divorce? If the marriage is not valid and one party left the house voluntarily, has not returned for over 2 weeks, and denied offers of visitation, does that individual have any custody rights? Is it abandonment?

Asked on September 19, 2011 under Family Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An anullment is different than a divorce. To get an anullment there has to be specific reasons for it to be anulled and if there is a determination that the marriage is anulled, then the court determines that the marriage was never a valid marriage.

A dissolution is different. If the court determines that a marriage is dissolved, the finding is that there was a valid marriage but the parties are no longer married.

If you want to file for an anullment of your marriage with your spouse, you can file in the county where you or she presently reside regardless of where your marriage license was issued.

Whether or not there is a factual and legal basis for an anullment of your marriage as opposed for a dissolution proceeding is best left to the experience of a family law attorney. I suggest that you consult with an experienced family law attorney concerning your situation.

Good luck.


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