The following are grounds for the Court to declare the marriage invalid:
A spouse lacked the capacity to consent to the marriage at the time of the ceremony due to mental incapacity due to alcohol, drugs, or other incapacitating substances; or a spouse was induced to enter into the marriage by force, duress, or fraud involving the essentials of the marriage.
A spouse lacks the physical capacity to consummate the marriage by sexual intercourse AND at the time of the marriage the other spouse did not know of this physical incapacity.
A spouse was aged 16 or 17 at the time of the marriage and did not have consent of his parents, guardian, or judicial approval.
The marriage is prohibited by law. See 750 ILCS 5/212.
For each ground, there are specific time limits for filing a Petition for Declaration for Invalidity. See 750 ILCS 5/302 for more details.
To begin proceedings, you must draft a Petition for Declaration of Invalidity of Marriage setting forth the appropriate grounds (detailed above) and providing information similar to a Petition for Dissolution.