You've decided to get married. After the excitement of the engagement settles in, you turn your attention to the practical things that you must do before you can say "I do." One of the items on the list is to obtain the marriage license. Although there are similarities, each state has different marriage license requirements.
Illinois Marriage License Requirement Laws at a Glance
Although comprehending the letter of the law of any statute has merit, it's also important to analyze the law using simple and basic language. See the chart below for a summary of the laws that comprise Illinois' marriage license requirements.
Statutes
|
|
Requirements: Age, Residency, and Health
|
To get a marriage license in Illinois without consent, you must be at least 18 years old.
Consent for Underage Marriage
To get a license when you're at least 16, you must show proof of the consent of both of your parents and proof that the marriage isn't prohibited.
Residency Requirements
- Illinois has no residency requirements.
Health Requirements
- Illinois doesn't require a blood test or a physical.
- The law requires that the county clerk must provide a free health information pamphlet to the applicants of the marriage license; the pamphlet contains information on sexually transmitted infections and inherited metabolic diseases.
|
Information Required for a Marriage License
|
The application for the marriage license must include the following:
- Demographic information including: name, address, sex, date of birth.
- Any previous marriage data including: information related to 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 they are related, the relationship must be disclosed.
|
Process for Obtaining a Marriage License
|
- Both parties must complete and sign the application.
- The parties then appear in person before the county clerk and pay the fees; the fees vary depending on the county.
- The clerk issues a license to marry and a marriage certificate form.
Waiting Period
- A license to marry becomes effective in the county where it was issued 1 day after the issuance, unless the court orders that the license is effective when issued.
- The only way to waive the 1 day waiting period is through a court order. By filing a petition showing sufficient cause.
- The license becomes effective after 1 day unless the marriage was inadvertently solemnized in a county in Illinois other than the county where the license was issued. The marriage license must be issued where you get married because a license isn't transferrable.
Expiration
The license expires after 60 days. If you don't get married within this time frame, then you must get a new license.
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Illinois Marriage License Requirements: Related Resources
Get Help with Marriage License Requirements From an Illinois Attorney
Although the marriage license requirements in Illinois aren't very complicated, specific situations such as underage marriages may require close attention to the law. If you need assistance with any issues related to getting your marriage license, talk to an experienced family law attorney who understands the law and can address your concerns.