f I got married 5 weeks ago but it’s just not working out, can I get an annument or do I get a divorce?

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f I got married 5 weeks ago but it’s just not working out, can I get an annument or do I get a divorce?

It’s been a lot of fighting

Asked on June 13, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Illinois law calls annulment a "declaration of invalidity of marriage." It is a court order that says that a marriage is not valid, and should not be recognized by the state. An annulment is different from a divorce. A divorce says that a valid marriage is over. In Illinois there are four reasons for getting a marriage annulled:

  • One of the people could not consent to be married. This can be because of mental disability. It can also be because one of them was under the influence of drugs or alcohol. It can also be because one of the parties got married because of force, duress or fraud.
  • One of the people cannot have sexual intercourse. The person asking for annulment must not have known this at the time of the marriage.
  • One of the people was under age 18 and did not have their parent's consent.
  • The marriage was not legal from the start (one of the parties was already married, closely related, etc.).

Divorce means that a marriage has ended.  It is often wasier to get divorced than to get a marriage annuled. Now, I have no idea of the circumstances between you but I can tell you that the first 6 months of a marriage can be the hardest in learning to adjust to truly being a couple.  You took the plunge for a good reason I am sure.  Why not speak with some one together.  It may just already confirm your belief that the marriage will not work out or it could put you on the path to working it out.  Good luck.


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