ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/301 (2026)

Declaration of Invalidity - Grounds

✓ current as of May 2026
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(750 ILCS 5/301) (from Ch. 40, par. 301)
    Sec. 301. Declaration of Invalidity - Grounds.) The court shall enter its judgment declaring the invalidity of a marriage (formerly known as annulment) entered into under the following circumstances:
    (1) a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage;
    (2) a party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity;
    (3) a party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval; or
    (4) the marriage is prohibited.
(Source: P.A. 80-923.)

    
Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 1997–2024 · leading case: In re Est. of McDonald, 2021 IL App (2d) 191113 (Ill. App. Ct. 2021).
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In re Est. of McDonald, 2021 IL App (2d) 191113 (Ill. App. Ct. 2021). · cites it 4× “See 750 ILCS 5/301, 302(b) (West 2016). Thus, Ellizzette reasoned, the marriage was valid as a matter of law and she is decedent’s surviving spouse and sole heir at law.”
In re Est. of McDonald, 2022 IL 126956 (Ill. 2022). · cites it 3× “She contended that the validity of a marriage is governed by section 301 of the Marriage Act (750 ILCS 5/301 (West 2016)). Further, she argued that a challenge could not be made to the validity of the marriage since John was deceased and section 302(b) of the Marriage Act…”
In re Est. of McDonald, 2024 IL App (2d) 230195 (Ill. App. Ct. 2024). · cites it 3× “She contended that the validity of a marriage was governed by section 301 of the Marriage Act (750 ILCS 5/301 (West 2016)). Further, she argued that the validity of the marriage could not be challenged because John was deceased and section 302(b) of the Marriage Act (750 ILCS…”
In re Marriage of Andrew, 2023 IL App (1st) 221039 (Ill. App. Ct. 2023). · cites it 3× “¶6 On the same day, Benjamin filed a petition to invalidate the former marriage pursuant to 750 ILCS 5/301(1) (West 2018). In his petition, Benjamin alleged that his relationship with Jacqueline began in 1985, when he was 16 years old and in high school.”
In Re Est. of Crockett, 728 N.E.2d 765 (Ill. App. Ct. 2000). · cites it 3× “Respondent argued that the petition did not state a cause of action because the requirements to attack the validity of a marriage were not fulfilled (see 750 ILCS 5/301 (West 1996)). In response, petitioners requested leave to amend their petition to allege a constructive-trust…”
In re Marriage of Chee, 2011 IL App (1st) 102797 (Ill. App. Ct. 2011). “750 ILCS 5/301 (West 2008). Section 305 provides that a person who has gone through a marriage ceremony and cohabited with another to whom he is not legally married in the good-faith belief that he was married to that person is a putative spouse with rights of a legal spouse,…”
In re Marriage of Ricard, 2012 IL App (1st) 111757 (Ill. App. Ct. 2012). “See 750 ILCS 5/301(2) (West 2008). Claude sought that the marriage be declared invalid or, in the alternative, that he be granted a divorce from Danielle.”
In re Marriage of Igene, 2015 IL App (1st) 140344 (Ill. App. Ct. 2015). · cites it 2× “Igene's petition declaring her marriage to him invalid (annulled) pursuant to section 301(1) of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/301(1) (West 2012)). Respondent argues the circuit court erred in invalidating the parties' marriage.”
In re Est. of McDonald, 2020 IL App (2d) 191113 (Ill. App. Ct. 2021). · cites it 4× “See 750 ILCS 5/301, 302(b) (West 2016). Thus, Ellizzette reasoned, the marriage was valid as a matter of law and she is decedent’s surviving spouse and sole heir at law.”
In Re Marriage of May, 678 N.E.2d 71 (Ill. App. Ct. 1997). “750 ILCS 5/301(4) (West 1994). Section 305 provides that a person who has gone through a marriage ceremony and cohabited with another to whom he is not legally married in the good-faith belief that he was married to that person is a putative spouse until he acquires knowledge…”
In re Marriage of Igene, 2015 IL App (1st) 140344 (Ill. App. Ct. 2015). · cites it 2× “Igene’s petition declaring her marriage to him invalid (annulled) pursuant to section 301(1) of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/301(1) (West 2012)). Respondent argues the circuit court erred in invalidating the parties’ marriage.”
In re Est. of Crockett (Ill. App. Ct. 2000). · cites it 3× “Respondent argued that the petition did not state a cause of action because the requirements to attack the validity of a marriage were not fulfilled (see 750 ILCS 5/301 (West 1996)). In response, petitioners requested leave to amend their petition to allege a constructive-trust…”
— 750 ILCS 5/301(1) — 7 cases
In re Est. of McDonald, 2021 IL App (2d) 191113 (Ill. App. Ct. 2021). “See 750 ILCS 5/301, 302(b) (West 2016). Thus, Ellizzette reasoned, the marriage was valid as a matter of law and she is decedent’s surviving spouse and sole heir at law.”
In re Est. of McDonald, 2022 IL 126956 (Ill. 2022). “She contended that the validity of a marriage is governed by section 301 of the Marriage Act (750 ILCS 5/301 (West 2016)). Further, she argued that a challenge could not be made to the validity of the marriage since John was deceased and section 302(b) of the Marriage Act…”
In re Marriage of Andrew, 2023 IL App (1st) 221039 (Ill. App. Ct. 2023). “¶6 On the same day, Benjamin filed a petition to invalidate the former marriage pursuant to 750 ILCS 5/301(1) (West 2018). In his petition, Benjamin alleged that his relationship with Jacqueline began in 1985, when he was 16 years old and in high school.”
In re Est. of McDonald, 2024 IL App (2d) 230195 (Ill. App. Ct. 2024). “She contended that the validity of a marriage was governed by section 301 of the Marriage Act (750 ILCS 5/301 (West 2016)). Further, she argued that the validity of the marriage could not be challenged because John was deceased and section 302(b) of the Marriage Act (750 ILCS…”
In re Marriage of Igene, 2015 IL App (1st) 140344 (Ill. App. Ct. 2015). “Igene's petition declaring her marriage to him invalid (annulled) pursuant to section 301(1) of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/301(1) (West 2012)). Respondent argues the circuit court erred in invalidating the parties' marriage.”
— 750 ILCS 5/301(2) — 1 case
In re Marriage of Ricard, 2012 IL App (1st) 111757 (Ill. App. Ct. 2012). “See 750 ILCS 5/301(2) (West 2008). Claude sought that the marriage be declared invalid or, in the alternative, that he be granted a divorce from Danielle.”
— 750 ILCS 5/301(4) — 3 cases
In re Est. of McDonald, 2021 IL App (2d) 191113 (Ill. App. Ct. 2021). “See 750 ILCS 5/301, 302(b) (West 2016). Thus, Ellizzette reasoned, the marriage was valid as a matter of law and she is decedent’s surviving spouse and sole heir at law.”
In Re Marriage of May, 678 N.E.2d 71 (Ill. App. Ct. 1997). “750 ILCS 5/301(4) (West 1994). Section 305 provides that a person who has gone through a marriage ceremony and cohabited with another to whom he is not legally married in the good-faith belief that he was married to that person is a putative spouse until he acquires knowledge…”
In re Est. of McDonald, 2020 IL App (2d) 191113 (Ill. App. Ct. 2021). “See 750 ILCS 5/301, 302(b) (West 2016). Thus, Ellizzette reasoned, the marriage was valid as a matter of law and she is decedent’s surviving spouse and sole heir at law.”
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