2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 5/ - Illinois Marriage and Dissolution of Marriage Act. › Part III - Declaration Of Invalidity Of Marriage

(750 ILCS 5/Pt. III heading)
PART III
DECLARATION OF INVALIDITY OF MARRIAGE
(750 ILCS 5/301) (from Ch. 40, par. 301)
Sec. 301. 
		
		Declaration of Invalidity - Grounds.)  The court
shall enter its judgment declaring the invalidity of a marriage
(formerly known as annulment) entered into under the following
circumstances:
(1) a party lacked capacity to consent to the marriage at the
time the marriage was solemnized, either because of mental
incapacity or infirmity or because of the influence of alcohol,
drugs or other incapacitating substances, or a party was induced
to enter into a marriage by force or duress or by fraud involving
the essentials of marriage;
(2) a party lacks the physical capacity to consummate the marriage
by sexual intercourse and at the time the marriage was solemnized the
other party did not know of the incapacity;
(3) a party was aged 16 or 17 years and did not have the consent of
his parents or guardian or judicial approval; or
(4) the marriage is prohibited.
(Source: P.A. 80-923.)
(750 ILCS 5/302) (from Ch. 40, par. 302)
Sec. 302. 
		
		Time of Commencement.) (a) A declaration of
invalidity under paragraphs (1) through (3) of Section 301
may be sought by any of the following persons and must be
commenced within the times specified:
(1) for any of the reasons set forth in paragraph (1) of
Section 301, by either party or by the legal representative
of the party who lacked capacity to consent, no later than
90 days after the petitioner obtained knowledge of the described
condition;
(2) for the reason set forth in paragraph (2) of Section 301,
by either party, no later than one year after the petitioner
obtained knowledge of the described condition;
(3) for the reason set forth in paragraph (3) of Section 301,
by the underaged party, his parent or guardian, prior to the time
the underaged party reaches the age at which he could have married
without needing to satisfy the omitted requirement.
(b) In no event may a declaration of invalidity of marriage be
sought after the death of either party to the marriage under
subsections (1), (2) and (3) of Section 301.
(c) A declaration of invalidity for the reason set forth
in paragraph (4) of Section 301 may be sought by either party,
the legal spouse in case of a bigamous marriage, the State's
Attorney or a child of either party, at any time not to exceed
3 years following the death of the first party to die.
(Source: P.A. 80-923.)
(750 ILCS 5/303) (from Ch. 40, par. 303)
Sec. 303. Legitimacy of Children.) Children born or adopted
of a marriage declared invalid are the lawful children of the parties.  Children whose
parents marry after their birth are the lawful children of the parties.
(Source: P.A. 94-229, eff. 1-1-06.)
(750 ILCS 5/304) (from Ch. 40, par. 304)
Sec. 304. Retroactivity.  Unless the court finds, after
a consideration of all relevant circumstances, including
the effect of a retroactive judgment on third parties, that
the interests of justice would be served by making the judgment
not retroactive, it shall declare the marriage invalid as of the
date of the marriage.  The provisions of this Act relating to
property rights of the spouses, maintenance, support 
of children, and allocation of parental responsibilities on dissolution of marriage are applicable to non-retroactive
judgments of invalidity of marriage only.
(Source: P.A. 99-90, eff. 1-1-16.)
(750 ILCS 5/305) (from Ch. 40, par. 305)
Sec. 305. 
		
		Putative Spouse.) Any person, having gone through
a marriage ceremony, who has cohabited with another to whom he
is not legally married in the good faith belief that he was
married to that person is a putative spouse until knowledge
of the fact that he is not legally married terminates his status
and prevents acquisition of further rights.  A putative spouse
acquires the rights conferred upon a legal spouse, including
the right to maintenance following termination of his status,
whether or not the marriage is prohibited, under Section 212,
or declared invalid, under Section 301.  If there is a legal
spouse or other putative spouse, rights acquired by a putative
spouse do not supersede the rights of the legal spouse or those
acquired by other putative spouses, but the court shall apportion
property, maintenance and support rights among the claimants as
appropriate in the circumstances and in the interests of justice.
 This Section shall not apply to common law marriages contracted
in the State after June 30, 1905.
(Source: P.A. 80-923.)
(750 ILCS 5/306) (from Ch. 40, par. 306)
Sec. 306. 
		Commencement of Action.) Actions for declaration
of invalidity of marriage shall be commenced as in other civil
cases.
(Source: P.A. 80-923.)