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MARRIAGE LAWS AND PROCRDURES - ILLINOIS

For solemnizing a marriage in the State of Illinois the person wishing to marry shall first apply for the marriage License at the county Clerk of the county where they resides.

Both the bride and groom must appear in person at the time of applying.

REQUIREMENTS

1.  ID Requirement

The valid ID to be produced by the man and woman wish to marry, at the time applying for the license to marry.

The following are the valid ID proof for this purpose

1. A driver's license,
2. state id card,
3. passport,
4. military id card,
5. Illinois Department of Public Aid card.

If any of the above could not be produced any two of the following will be accepted:

1. certified copy of birth certificate,
2. baptismal record with birth date,
3. foreign passport, naturalization papers,
4. US resident alien card,
5. life insurance policy in effect for one year with the birth date,
6. all consulate id cards.

2. Residency Requirement :

For the purpose of marriage the it does not require to be resident of the state.

3.  Previous Marriages

One must provide a certified copy of the divorce if he/ she has been divorced within the last six months.

4. Waiting Period

There is a waiting period of Twenty-four (24) hours from the date of application so as to obtain the marriage license.

5. Divorce Decree

If either applicant is divorced, they must provide final divorce papers signed by the judge.

The persons of opposite sex who are of the age of 18 can marry. However, the person under 18 but not under 16 may marry with certain conditions.

•  The fees for obtaining a marriage license varies from county to county. However it may be from $15-$30 in cash only.

APPLICATION OF PERSON UNDER 18 WISHING TO MARRY

•  If either or both the man or woman is of 16 or 17 years of age, he/ she will have to provide a copy of his/her birth certificate along with some other sort of identification showing their date of birth.

•  They must have the sworn consent from each parent, each legal guardian or a judge - in person - before the county clerk at the time of application.

VALIDITY OF LICENSE

•  A license issued 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.

PERSONS AUTHORIZED TO SOLEMNIZE THE MARRIAGE

•  The following persons are authorized to issue license.

•  Ordained ministers,

•  judges,

•  retired judges, and

•  public official authorized by law to perform marriage

MARRIAGE CEREMONY

•  After obtaining the License to marry the person may go to the persons authorized to solemnize the marriage ceremony.

•  They may examine the parties on oath, before solemnizing a marriage.

•  A marriage is solemnized in presence of a person authorized to solemnize marriages and two attending witnesses who shall be at least 16 years of age.

•  The marriage is considered as solemnized when the parties declare that they take each other as husband and wife in presence of two witnesses and authorized person for solemnizing the marriage.

•  The person solemnizing a marriage shall prepare and sign three certificates thereof.

•  Each certificate shall contain the full names before and after marriage and county and state of residences of the parties and the date and place of the marriage.

•  Each certificate shall also contain the signatures of at least two of the witnesses present at the marriage.

•  The person solemnizing the marriage shall give each of the parties one such certificate, and shall immediately make a record of such marriage.

•  The person solemnizing marriage shall file one such certificate with the court administrator of the district court of the county in which the license was issued within five days after the ceremony.

Copy of Certificate of Marriage:
Illinois Dept. of Public Health
Division of Vital Records
605 W. Jefferson St.
Springfield, IL 62702-5097
217-782-6553
Fax: 217-523-2648

Residency Requirement: Non-residents cannot obtain a marriage license if said marriage would be void in their state.

Waiting Period: 1 day.

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.)

People of the opposite sex older than 18 years of age who are not blood relatives may marry without parental consent.

First cousins older than the age of 50 may marry.