Full question:
I was married on July 28, 2006. The next day, my wife refused to move in with me and I have not seen her since. The reason we got married was that she told me that she was pregnant. After the marriage, I was told that the baby was not mine and the reason she married me was that I had health coverage and the father did not. The baby's due date confirms that the child is not mine, since I did not know my wife at the time of conception. My wife wants a divorce and I do too. We have not been separated six months. Do we have to wait until then in order to file for a divorce? I don't want the baby to have my name, and she wants to marry the father, with whom she is now residing.
- Category: Divorce
- Subcategory: Annulment
- Date:
- State: Illinois
Answer:
You may want to consider an annulment. Here are some key points about annulments under Illinois law:
- What is annulment? An annulment is a legal process that declares a marriage invalid, as if it never occurred.
- Grounds for annulment: Grounds include lack of capacity to consent due to fraud, force, or mental incapacity; inability to consummate the marriage; underage marriage without consent; or prohibited marriages.
- Time limits: The time limit for filing depends on the grounds. For lack of capacity, you must file within ninety days of learning the grounds. For inability to consummate, you have one year.
- Filing for void marriages: A void marriage does not require a petition for annulment, but it is advisable to seek a court declaration.
- Who can file? Either party may file a petition for annulment, or others in specific situations, such as a child of either party after a death.
- Consequences of not filing: If you do not file within the time limit for a voidable marriage, it will be recognized as valid.
- Child legitimacy: A child born of a void or voidable marriage is considered legitimate, even if the marriage is annulled.
Since your wife wants a divorce and you agree, you may need to consult with a legal professional to explore your options, including the possibility of an annulment, especially given the circumstances surrounding your marriage.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.