Your Guide to Legal Marriage in Illinois: Requirements & Steps
Planning a wedding in Illinois? Here's a clear breakdown of the state's legal framework for getting married
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Marriage is a significant life event, and like all legal contracts, it comes with specific requirements that must be met. In Illinois, aspiring spouses need to navigate a set of legal stipulations to ensure their union is officially recognized. Understanding these requirements is crucial for a smooth and valid marriage.
Obtaining a Marriage License
The cornerstone of a legal marriage in Illinois is the marriage license. This document is issued by the County Clerk's office in the county where the ceremony will take place. Both parties must appear in person to apply for the license. While some counties offer online pre-applications, the final signing and issuance always require in-person presence.
Key details to provide on the application typically include:
Full names, sexes, occupations, addresses, social security numbers, dates, and places of birth for both parties.
If either party has been previously married, information about the dissolution of that marriage (date, place, and court where it was dissolved or declared invalid, or date and place of death of the former spouse).
Names and addresses of the parents or guardians of each party.
Whether the parties are related to each other.
Applicants must present valid identification, such as a driver's license, state identification card, or passport, to prove their identity and age. There is also a fee for the license, which varies by county.
Age and Relationship Restrictions
Illinois law sets clear boundaries regarding who can legally marry. The general age requirement is 18 years old. However, individuals who are 16 or 17 years old may obtain a marriage license with the sworn consent of both parents or a legal guardian. If a parent cannot be located, an affidavit stating diligent efforts to find them may be accepted. Individuals under 16 are generally prohibited from marrying.
Beyond age, Illinois prohibits certain relationships from entering into marriage. These include:
A marriage where one party is already legally married or in a civil union (unless converting their civil union to a marriage with the same partner).
Marriages between ancestors and descendants (e.g., parent and child).
Marriages between siblings, whether by whole or half-blood, or by adoption.
Marriages between aunts and nephews or uncles and nieces, whether by whole or half-blood.
Marriages between first cousins are generally prohibited, with two exceptions: if both parties are 50 years of age or older, or if either party presents a certificate from a licensed physician stating they are permanently and irreversibly sterile.
Waiting Period and Validity
Once a marriage license is issued in Illinois, there is typically a one-day waiting period before it becomes effective. This means the ceremony cannot take place on the same day the license is obtained, unless a court order waives this waiting period for sufficient cause.
The license is valid for 60 days from its effective date. If the marriage ceremony does not occur within this 60-day window, the license becomes void, and a new one must be obtained. Importantly, an Illinois marriage license is only valid for a ceremony performed within the county where it was issued.
The Ceremony and Beyond
Illinois law does not require medical tests, such as blood tests, to obtain a marriage license. Once the license is obtained and effective, the marriage can be solemnized by a judge of a court of record (including retired judges), or by clergy or officiants acting as representatives of religious denominations or Native American Nations or Tribes. Witnesses are not required by Illinois law.
After the ceremony, the person solemnizing the marriage (or both parties if no individual officiated alone) must complete the marriage certificate form and forward it to the county clerk within 10 days of the marriage. This ensures the marriage is officially recorded.
By understanding and adhering to these legal requirements, couples in Illinois can ensure their journey to marriage is legally sound and celebrated appropriately.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
