My mild intellectual disabled son was tricked into marriage 2 years ago for a green card, any law in IL to void this marriage?

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My mild intellectual disabled son was tricked into marriage 2 years ago for a green card, any law in IL to void this marriage?

A child was born out of this
relationship.

Asked on January 18, 2017 under Family Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

With a child being born, the only way to void the relationship (as opposed to simply divorcing, which he may do) is that he can get an annulment IF it can be shown that he is not mentally competent: only mentally competent persons can marry. Mild intellectual disability is not necessary enough: again, he'd have to be not competent to manage his own affairs to have grounds for an annulment. If he has legal guardian due to lack of competency, that is probably enough.


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