Legal Question in Family Law in Illinois

Annulment vs divorce

How can I find out information on an Annulment? And. Do I get a divorce or an annulment? I fled my abusive husband 19 year ago with my 2 children. At that time we had been married 2 years and 4 months. I left with my pre marital vehicle and our clothing. I was threatened not to seek child support and I did not. Knowing I would have nothing to gain (and putting our safety at risk) by a Divorce I never pursued it. I raised my children, who are now in collage and are ages 19 & 20, on my own. Up until my youngest Daughter turned 18 I kept a listed phone number just in the event the father might won’t to have a relation ship with my Daughters. However that never happened. I had always assumed he had divorced me because I have never had any trouble filing my tax returns as Head of Household and my credit report dose not show any evidence that he may have credit, a creditor, could hold me liable for. We wear married in Illinois and wear living in Florida at the time I left. I have tried to find court evidence of a divorce in Florida, but was informed there was nothing on file. Are records of annulment kept? Is it possible for him to have filed in Illinois for

Asked on 2/25/09, 12:50 pm

2 Answers from Attorneys

Motty Stone Law Offices of Motty Stone
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Re: Annulment vs divorce

If all you want is to end the marriage (no custody issues, no support, no division of property) you can file in any state you live in. So theoretically, he could have filed in California or some other place. If you don't care to seek any back child support or otherwise rock the boat, you can just file for a divorce and call it a day.

However, filing divorce does require you give him notice (can be by publication in a newspaper). If he appears out of the woodwork, you should just be sure that there isn't any property that he will want to go after.

Please feel free to give us a call if you want to talk about your options.

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2/25/09, 2:56 pm
John Steele Steele Law Firm
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Re: Annulment vs divorce

You will not be able to get an annulment, and they are more expensive and harder to get anyway. JUt get a divorce by publication, you will be done in 6 weeks. I am almost certain he will never read the small legal notices in the back of the Chicago newspaper, so he will not show up to contest the matter. Our firm normally does such cases on a flat fee basis and its not a big deal. Call if you have any further questions.

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2/25/09, 4:30 pm

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