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Wheeling
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790 Chaddick Drive
Wheeling, IL 60090
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Chicago, IL 60603
(847) 520-8100 (773) 276-6969

Chicago Divorce Lawyers & Attorneys

September 11, 2008

1. What is a Declaration of Nullity (annulment)?

A declaration of nullity states that, according to Church law, a given marriage was not valid (and therefore not binding) at the time a couple spoke their marriage vows. A person asks this Office to look at a previous marriage which has ended in divorce, and, if possible, to issue a declaration that this previous marriage no longer binds either party to the union. In no way should this process be thought of as a type of “Catholic Divorce.” A declaration of nullity states that a marriage was invalid from the beginning. A civil divorce, on the other hand, asserts that a marriage, valid or not, is dissolved. The Catholic Church does not grant divorces.

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2. Does an annulment have anything to do with civil law?
No. In the United States, a declaration that a marriage was invalid from the start has no effect before the laws of any state. It does not affect anything that is determined by civil law such as alimony, child custody, visitation rights, division of property, legitimacy of the children, etc. It pertains only to the internal governance of the Catholic Church.

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It's content refers only to the law of the State of Illinois.