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

UPDATED: Sep 19, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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