The Differences Between Annulment and Divorce in Chicago

by | Sep 12, 2017 | Lawyers and Attorneys

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Civil union divorce in Chicago is never a pleasant experience. That fact is equally true of a civil union annulment. While they may be same in that regard they are actually two very different processes. It’s a good idea to fully understand the differences between a civil union divorce in Chicago and civil union annulment. You can learn a lot of the specifics by speaking to a professional lawyer, but you can prepare yourself with the basics before then.

What Is Civil Union Divorce?

Divorce is a legal process that permanently dissolves all marital bonds. The process is similar throughout the entire country. It all begins when one of the partners files a petition at their local courthouse. While this is the first legal step of divorce, the two parties may have already spent time in court seeking a legal separation or deciding on custody issues if a child was involved.

After the petition has been filed, the other party is informed and has an opportunity to reply or dispute the cause and information provided. If they dispute the information included in the original petition, then it becomes a contested divorce and is handled in the courts. If it is uncontested, then the court does not need to make any significant rulings. Finally, the process ends when the marriage is fully dissolved.

What About Annulment?

An annulment does not dissolve the marital bonds, but rather it disputes their legitimacy. A marriage in Illinois can only be annulled if it found to have been invalid. This could be because it was an illegal marriage, because one of the parties was underage, or because one party lacked the capacity to fully consent to the marriage.

The Important Difference

You should only consider seeking an annulment if your marriage was illegal or invalid in Chicago. An annulment will erase it entirely as though it never happened. Otherwise, you will need to file a petition for a civil union divorce in Chicago.

M. Scott Gordon & Associates is a Chicago-based law firm. Their lawyers specialize in Family Law cases, including divorce, child custody, annulment, and mediation. They have been in business in Chicago for nearly 20 years with a second office in North Shore for more than 15 years.

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