Illinois Marriage Laws

Illinois Statutes Chapter 750, Section 5/201, et seq.

In order to get a marriage license in Illinois, you must meet the following requirements:

• Both parties must be at least 18 years old (or at least 16 with proof of consent of both parents); and
• A county clerk must provide you with a free health information pamphlet, which has information about sexually transmitted infections and inherited metabolic diseases.

The application for the marriage license must include the following:

• Name, address, sex, date of birth;
• Any previous marriage information (i.e. divorces, invalid marriages, or death of a former spouse);
• Name and address of parents or guardians (if applicable); and
• Whether the applicants are related to each other (if related, the relationship must be disclosed).

Certain marriages are prohibited in the state of Illinois, including:

• When a former marriage is undissolved;
• Marriages between close relations (ancestor/descendant, brother/sister, uncle/niece, aunt/nephew, half or whole first cousins, unless parties older than 50 and no chance of reproduction); and
• Common law marriages.

Marriage Age

As in other states, those wishing to marry in Illinois must meet minimum age requirements:

• 18, without parental consent;
• 16, with parental consent (both parents, if both have capacity to give consent); or
• 16, with judicial consent if no parents are available to consent and the court determines parties are capable of In addition to having a valid marriage license, marriage in Illinois requires solemnification in order to be official. Once the ceremony takes place (i.e., the marriage is "solemnified"), the County Clerk's office will register the marriage.
  Those Authorized to Perform Weddings
  marriage.

Ceremony and Solemnification of Marriage

In addition to having a valid marriage license, marriage in Illinois requires solemnification in order to be official. Once the ceremony takes place (i.e., the marriage is "solemnified"), the County Clerk's office will register the marriage.

Those Authorized to Perform Weddings

• State or federal judges (active or retired, although retired judges may not be paid);
• Illinois Court of Claims judges; or
• "in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe, or Native Group."

Illinois does not regulate the qualifications of the officiant. So as long as either party believes the officiant is qualified, the validity of the marriage generally will be upheld.

Changing Your Name

It's not necessary to change take your spouse's last name when getting married, but the practice remains quite common. If you choose to do so in Illinois, it's as easy as changing your name while filling out your marriage certificate.