Marriage Requirements
Congratulations on your engagement! Here's what you need to know to make the marriage legal in Illinois:
In order to get married, you need to apply and receive a marriage license. This is the document in your state that allows you to officially tie the knot under the law. The rules for acquiring your marriage license varies from county to county, so you should check with your city's marriage bureau at your › clerk of court's office to find out what your local rules are.
The application for a license must be signed by both the bride and groom in the presence of the county clerk. A representative cannot apply for the license on behalf of the bride or groom. This applies even if the representative has been given power of attorney. Notarized marriage license affidavits signed by the bride and groom cannot be substituted for her or his personal appearance.
ID Requirements: Any of the following documents will be accepted:
- Valid U.S. Driver's License
- Valid U.S. state identification card
- Valid U.S. passport, Valid U.S. military identification card
- Valid Illinois Department of Public Aid card(the I.D. and the medical card)
If you do not have any of the above forms of identification, then you MUST present TWO (2) of the following pieces of identification:
- A certified copy of a birth certificate
- A valid U.S. resident alien card
- U.S. naturalization papers
- A valid foreign passport
- All consulate identification cards. Affidavits are not acceptable
- A baptismal record (the date of birth of the applicant must appear on this record)
- A life insurance policy, which has been in effect for one (1) year (the applicant's date of birth must appear on the document)
- A certified copy of their birth certificate.
- A second piece of identification showing date of birth.
- At least one parent of any applicant under the age of 18 must be present
Application Requirement:
Both the bride and groom must appear in person at the time of applying.
Residency Requirement: Non-residents cannot obtain a marriage license if said marriage would be void in their state.
Waiting Period: 1 day. Illinois has a one-day waiting period. For example, if the license is applied for on Wednesday, the marriage may occur on Thursday. For just cause, the one-day waiting period may be waived by petitioning the court.
If Divorced: Information regarding how previous marriages ended must be furnished in the application for a marriage license. This includes whether the former spouse died or was divorced and, if so, when and where the divorce was granted. A certified copy of the divorce decree(s) or certificate(s) of dissolution of marriage may be required by the clerk issuing the marriage license.
Fees: In most counties, the fee for a marriage license is $15 - $60, payable at the time of application.
Blood Tests: No. › The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/204) now only requires the county clerk to distribute free of charge, to all persons applying for a marriage license, a brochure "Getting Married, Know the Facts about Your Sexual Health" prepared by the Illinois Department of Public Health concerning sexually transmitted diseases and inherited metabolic diseases.
Under 18: Applicants between the ages of 16 and 17 may obtain a marriage license by presenting the following information:
- Sworn consent from each parent, each legal guardian or a judge - in person - before the county clerk at the time of application. Those giving consent must provide proper identification, including a: valid driver's license; valid state identification card; valid Illinois Department of Public Aid card; valid passport. (If the legal guardian is giving consent, a certified copy of the guardianship papers must be provided.)
Restricted Marriages:
Certain marriages are prohibited by › the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/212). These include same sex marriages; marriages entered into prior to the dissolution of an earlier marriage of one of the parties; those between an ancestor and a descendant or between a brother and sister, whether the relationship is by the half or the whole blood or by adoption; and those between an uncle and a niece or between an aunt and a nephew. Generally, marriages between cousins of the first degree are prohibited; however, first cousins may marry if --
- both parties are 50 years of age or older; or
- either party, at the time the couple applies for a marriage license,
presents to the county clerk of the county in which the marriage is to take
place a certificate signed by a licensed physician stating that the party to
the proposed marriage is permanently and irreversibly sterile.
Common Law Marriages:
The
› Illinois
Marriage and Dissolution of Marriage Act (750 ILCS 5/214) states that
common law marriages contracted in Illinois after June 30, 1905 are invalid. A
common law marriage was traditionally when a man and a woman lived together and
held themselves out to the world as husband and wife for a certain period of
time (such as seven or 14 years), and the law of the state in which they
resided recognized them as husband and wife despite the lack of the formal
legalities of marriage.
Valid:
License is valid for 60 days from the date it was issued.
A license issued in Cook County CANNOT be used in any other county or state.
Who Can Perform a Marriage:
To be valid, a marriage must be performed by one of the following
individuals:
- a judge of a court of record or a retired judge of a court of record;
- a judge of the Court of Claims;
- the county clerk in counties having 2 million or more inhabitants (Cook
County);
- a public official whose powers include solemnizing marriages; or
- an officiant performing the marriage in accordance with the principles of
any religious denomination, Indian nation or tribe or native group provided
that when such principles require an officiant, the officiant be in good
standing with his religious denomination, Indian nation or tribe or native
group.
More than one officiant can perform the marriage. Officiants do not have to
reside in Illinois.
The person solemnizing the marriage must complete the marriage certificate
form and forward it to the appropriate county clerk within 10 days after the
marriage is solemnized. A newly married couple is required to file the marriage
certificate if more than one officiant is involved and none of the officiants
have assumed that responsibility.
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