The following form is a Property Settlement Agreement including a Child Support, and Custody Agreement (which is somewhat unusual in an annulment situation).
Illinois Annulment Property Settlement, Child Support, and Custody Agreement
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How to fill out Annulment Property Settlement, Child Support, And Custody Agreement?
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FAQ
In order to file for divorce in Illinois, there are some criteria you'll need to meet. Here are the elements you'll need to take into consideration: You must be separated from your spouse for at least six months. Separation does not necessarily mean that one of the spouses must move out of the family home.
Decreased Financial Ability of the Obligor Parent: A decrease in the financial ability of the obligor parent to pay constitutes a substantial change in circumstances for the purpose of modifying child support, whether this occurred from a lowering of income, loss of employment, or increased expenses.
Under the same statute, a person may also qualify for a civil annulment if they or the other party to the marriage is physically unable to consummate the marriage or either of the parties to the marriage were or are underage.
50/50 joint custody refers to each parent's decision-making rights and placement schedule (Illinois calls these parental responsibilities and parenting time). The best joint custody schedule maximizes parenting time with both parents. Illinois law prefers parents to mutually agree on a schedule.
A divorce (known as dissolution under Illinois law) is the means by which the marriage between a couple is ended. The judgment for divorce contains the parties' agreement concerning parental responsibilities for the children and parenting time schedules, support and property/debt division.
To get a marriage annulled in Illinois, there must be proof of impotence, bigamy, or proof that one party was unable to consent at the time of the marriage. This may be due to coercion, force, or the influence of alcohol or drugs.
While you cannot include a new spouse's income as income for the purposes of increasing child support, an Illinois divorce court can consider the parent's obligation to that new spouse and new children in order to maintain or even reduce child support.
If you are seeking annulment because you did not consent to the marriage, you have 90 days to petition for a Declaration of Invalidity of Marriage. You have up to one year if you are seeking annulment due to a spouse's sexual incapacity.
