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Annulment Annulment is referred to as “Declaration of Invalidity” in Illinois for legal purposes.
The difference between invalidity and a divorce is that the marriage never happened. Divorced individuals are “unmarried”. After a declaration of invalidity, they are “single”.
A marriage is invalid if
- party lacked capacity to consent (i.e. mental, drugs, forced, or fraud) - lacked physical capacity to consummate marriage and the other party was unaware - party was 16 or 17 years old and did not have parental consent - marriage was prohibited
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