Can a divorce decree be changed to an annulment? 2 Answers as of May 30, 2013

I was married, 40 years ago, when I was 18. We did not consummate our marriage. He went to Vietnam for 6 months. When he returned, the 15 year old girl that was staying with me, told me something happened between her and my husband. I kicked him out, I didn't tell him why. I just told him he needed a divorce. I just found out this past summer that he filed for a divorce, not an annulment. Can it be changed?

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Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Unfortunately, not, In Illinois, there are a just few grounds to declare a marriage invalid: One of the parties lacked capacity to consent to the marriage at the time of the marriage ceremony because of mental incapacity or if they were under the influence of drugs or alcohol that inhibited their ability to consent; or a party was induced to enter into the marriage by force, duress or fraud involving the essentials of the marriage; A party lacks the capacity to consummate the marriage by sexual intercourse, and the other party did not know of the incapacity; A party was under the age of 18 and did not have parental/guardian consent or judicial approval; or the marriage is prohibited.
Answer Applies to: Illinois
Replied: 2/15/2012
The Law Office of Jill Rose Quinn | Jill Rose Quinn
No.
Answer Applies to: Illinois
Replied: 5/30/2013
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