Best Marriage Lawyers in Illinois

About Marriage Law in Illinois, United States

Getting married in Illinois involves meeting certain legal requirements set by the state. Marriage is recognized as a legal and personal union between two individuals, providing rights and responsibilities under Illinois law. The state has its own rules regarding eligibility, the process of obtaining a marriage license, and legal recognition of marriages performed both within and outside Illinois. Understanding the key aspects of marriage law is essential for anyone looking to marry in Illinois or seeking legal guidance about marital matters.

Why You May Need a Lawyer

While many couples can successfully navigate the marriage process without legal help, there are situations where consulting a lawyer is advisable. Some common scenarios include:

• One or both parties were previously married and require guidance on dissolution or annulment
• Concerns about prenuptial or postnuptial agreements and protecting assets
• Interstate or international marriages with complex legal issues
• Questions about immigration status related to marriage
• Issues involving consent, age, or incapacity
• Seeking protection from domestic violence or abuse within marriage
• Navigating same-sex marriage laws and rights
• Understanding tax, property, inheritance, or health care rights tied to marital status

If your situation involves any of these concerns, a family law attorney in Illinois can offer crucial support and clarity.

Local Laws Overview

Marriage in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act. Key aspects include:

• Eligibility: Both parties must be at least 18 years old, or 16-17 with parental consent and a court order.
• Marriage License: Couples must apply in person at a county clerk's office and show valid identification. The license is typically valid for 60 days and there is a one-day waiting period before the marriage can occur.
• Prohibited Marriages: Marriages between close relatives are not permitted. Bigamy is also prohibited; both parties must be single, divorced, or widowed before marrying.
• Ceremony and Solemnization: A ceremony performed by an authorized officiant is required. Illinois recognizes both civil and religious weddings, as well as self-solemnized marriages by certain religious practices.
• Recognition of Out-of-State Marriages: Illinois will generally recognize marriages performed legally in other states and countries, including same-sex marriages.
• Name Change: There is no automatic name change. Anyone wishing to change their name after marriage must file the appropriate forms with government agencies.
• Annulment and Divorce: Legal processes exist for declaring a marriage invalid (annulment) or dissolving it (divorce), with their own specific grounds and procedures.

Frequently Asked Questions

What documents are needed to get a marriage license in Illinois?

Most counties require government-issued photo identification, proof of age, and sometimes certified copies of birth certificates or divorce decrees if previously married.

Is there a waiting period before marriage in Illinois?

Yes, there is a one-day waiting period between obtaining the license and the ceremony. The license is valid for 60 days.

Can same-sex couples marry in Illinois?

Yes. Same-sex marriage has been legal in Illinois since 2014, and all rights and responsibilities afforded to married couples apply equally.

Can I marry a relative in Illinois?

Illinois law prohibits marriage between close blood relatives, such as siblings, parents, aunts, uncles, and first cousins, except in certain situations where first cousins are over 50 or one is infertile.

Do both parties need to be present to apply for a marriage license?

Yes. Both individuals must typically appear in person to apply for a marriage license at the county clerk’s office.

What if one or both parties were previously married?

You must provide the date of the final divorce decree or the death of the prior spouse. Some counties may require a certified copy of these documents.

How do I change my name after marriage?

In Illinois, you can change your last name after marriage by using a certified copy of your marriage certificate to update your records with agencies like the Social Security Administration and the Department of Motor Vehicles.

Is a blood test required to marry in Illinois?

No. Illinois does not require applicants to undergo blood or medical tests to obtain a marriage license.

How do I get a copy of my marriage certificate?

After your marriage is solemnized, you can request copies from the county clerk's office where your license was issued, for a fee.

Are common-law marriages recognized in Illinois?

Illinois does not recognize common-law marriages, but it does recognize such marriages if they were legally established in another state.

Additional Resources

• Illinois Department of Public Health - Vital Records Division
• County Clerk’s Office in your local Illinois county
• Illinois State Bar Association
• Legal Aid organizations such as Prairie State Legal Services and Land of Lincoln Legal Aid
• LGBTQ+ advocacy organizations for support with same-sex marriage concerns

Next Steps

If you need legal assistance regarding marriage in Illinois, start by identifying the issue you are facing. Collect any relevant documents, such as previous divorce decrees, birth certificates, or identification. Seek out a qualified family law attorney who is familiar with marriage laws in Illinois. Many local bar associations offer lawyer referral services, and legal aid agencies may provide low-cost or free initial consultations if you meet income guidelines. Do not hesitate to ask questions about your rights and options to ensure you are making informed decisions about your marriage.