Illinois Marriage Laws in 2026: What You Actually Need to Know
Most people think marriage laws are pretty straightforward. You find someone you love, you get married, done. But Illinois has some pretty specific rules about who can get married, how to do it, and what happens after. Honestly? A lot of people get these details wrong.
Here’s the thing: understanding these laws protects you. It saves you money on paperwork hassles. It keeps you from making legal mistakes you can’t undo. Let’s walk through exactly what you need to know about getting married in Illinois.
What Does Illinois Law Say About Marriage?
Marriage in Illinois is a legal contract between two people. The state has rules about who can marry, how to make it official, and what rights you get. These laws exist to protect both people in the marriage and make sure everything’s done the right way.
Think of it like this: marriage isn’t just a personal choice. It’s also a legal agreement with serious consequences. Illinois wants to make sure both people are ready, that they’re old enough, and that they understand what they’re signing up for.
Basic Age Requirements
Here’s where things get important. You’ve got to be at least 18 years old to get married in Illinois. Period. No exceptions. You can’t get married at 17, not even with parental consent.
Wait, that’s actually a big change from the past. Illinois used to allow 16-year-olds to marry with parental consent. They changed that law in 2018, and it stuck. If you’re under 18, you’re not getting married in Illinois. That’s just the rule.
Who Can and Cannot Get Married in Illinois?
Okay, this is probably clearer than you think. In Illinois, any two people who are 18 or older can get married. That means Illinois allows same-sex marriages. That’s been the law since 2014, and it’s not going anywhere.
You cannot marry:
- Anyone under 18
- Your brother, sister, parent, grandparent, aunt, uncle, niece, or nephew
- Anyone already married to someone else
- Your first or second cousin in most cases
Basically, you need to be unrelated and unmarried. Pretty straightforward, right?
Getting a Marriage License in Illinois
So you’ve found the person. You’re both 18 or older. Now what? You need a marriage license. This is your official permission from the state to get married.
Here’s what you do. First, both of you go together to the county clerk’s office. You can’t send someone else. Both people have to be there in person. Bring your ID, birth certificate, and Social Security card. You’ll fill out an application.
Illinois doesn’t have a waiting period anymore. You used to have to wait a few days. Not anymore. You can get your license and use it right away. The license is good for six months, so you’ve got time to plan your wedding.
The clerk will give you the license. Hold onto it. You need this for the ceremony.
The Marriage Ceremony
Now here’s something that surprises people. Illinois is pretty flexible about how you get married. You don’t have to have a big wedding. You don’t have to have a church. You don’t even have to have guests.
You need three things:
- Two people getting married (both 18+)
- A person who can legally perform the ceremony
- Two witnesses who are at least 18 years old
That’s really it. Stay with me here—the person performing the ceremony can be a priest, judge, minister, rabbi, or certain other officials. Illinois also recognizes some religious ceremonies without an official “performer,” but you still need those two witnesses.
Who Can Perform Your Marriage Ceremony?
This is where it gets interesting. Illinois lets a lot of people perform marriages. Obviously, religious leaders can do it—priests, pastors, rabbis, and imams. Judges and justices of the peace can do it. Some court clerks can do it.
But here’s the thing not everyone knows: Illinois also allows certain people through religious faiths to perform marriages without special state certification. If your faith has a religious leader who’s authorized by that faith, they can probably marry you.
Not sure if your person can legally perform the ceremony? Ask the county clerk. They’ll tell you straight up.
Marriage License Fees and Processing
You’re probably wondering about cost. In Illinois, getting a marriage license costs money. Most counties charge between $60 and $100. Some are cheaper, some are pricier. It depends on your county.
The good news? Most counties process licenses the same day or within a few days. You don’t have to wait weeks. Walk in with your paperwork, pay the fee, and you’re done. Quick and painless.
If you need to change your name after marriage, that’s handled separately. The marriage license itself doesn’t change your name. You have to file additional paperwork with the county.
Name Changes After Marriage
Okay, pause. This part confuses a lot of people. Just because you get married doesn’t automatically change your name. You have to do it yourself.
Here’s what actually happens. The county gives you a certified copy of your marriage license. You use that to change your name with Social Security, your driver’s license, and other places. You’ll need that marriage license certificate for all of it.
You can take your spouse’s last name, hyphenate your names, keep your own name, or create a new name entirely. Illinois doesn’t force you to do anything specific. It’s your choice.
Want to change your name? Go to the Social Security office first. They’re the official record-keepers. Then update your driver’s license and everything else.
What If You’re Already Married?
You can’t legally marry someone else while you’re still married. This should be obvious, but let’s be clear: it’s a crime.
If you want to marry a new person, you have to get divorced first. That means going through the court system and officially ending your previous marriage. You can’t just show up and get a new license. The system will catch it.
Thinking about marrying someone while still married to someone else? Don’t do it. The penalties are serious.
Premarital Requirements and Health Testing
Here’s something Illinois used to require that they don’t anymore. Illinois got rid of mandatory blood tests for STI screening back in 2015. You don’t have to get tested before getting married.
Some counties might still offer testing or counseling, but it’s optional. It’s not a legal requirement. You can get married without it.
This actually makes things easier and faster. You can get your license without waiting for test results.
Out-of-State Marriages and Recognition
What if you got married somewhere else? Illinois recognizes marriages from other states and countries, as long as they were legal where you got married.
So if you went to Vegas and got married by Elvis, Illinois recognizes it. If you got married in another state by the legal process there, Illinois recognizes it. Pretty reasonable, right?
The only exception? If it would be illegal to marry that person in Illinois, Illinois might not recognize it. For example, if you married your sibling in a place where that’s legal, Illinois still won’t recognize it.
Common-Law Marriage in Illinois
Here’s something important: Illinois does not recognize common-law marriage. Not anymore. You can’t just live with someone for seven years and be legally married.
If you want to be married, you need a marriage license. That’s it. Living together doesn’t make it official, no matter how long you’ve been together. Many couples don’t realize this until they need to make medical decisions or handle an inheritance.
Want to be legally married? Get the license. Don’t assume that time together equals legal marriage.
Marital Property Rights in Illinois
Once you’re married, Illinois law gives you both certain property rights. This gets complicated, so stay with me.
Illinois is not a community property state. That means what you earn isn’t automatically split 50/50 with your spouse. But you still have legal rights to certain property.
If you’re divorced, the court will divide your property “equitably,” which means fairly but not necessarily 50/50. What counts as fair depends on lots of factors—how long you were married, each person’s income, who has custody of kids, and more.
The takeaway? Being married changes your property rights. What’s yours might not be entirely yours after divorce. Talk to a lawyer if you’re serious about this stuff.
Spousal Rights and Responsibilities
Marriage creates legal responsibilities. You have rights to make medical decisions for each other. You inherit from each other if there’s no will. You can be on each other’s health insurance.
But you also have financial responsibilities. If your spouse racks up debt, you might be liable for it depending on the situation. If you have kids, you’re both responsible for their support.
These rights and responsibilities are automatic once you’re married. You don’t have to opt in. This is why marriage is such a big legal deal.
Divorce and Legal Separation in Illinois
What if marriage doesn’t work out? Illinois allows both divorce and legal separation.
Divorce ends the marriage. You’re no longer married, and you can marry someone else. A legal separation keeps you married but separates your finances and living arrangements. It’s rare, but some people use it for religious reasons.
Illinois has a waiting period for divorce. After you file, you have to wait at least six months before the judge can finalize it. This waiting period exists to give people time to reconsider. But honestly, most divorces go through after that time passes.
Restraining Orders and Marriage
If you’re in an abusive relationship, Illinois has protections. You can get an order of protection against your spouse. This is a court order that keeps them away from you and can give you custody of kids.
These orders are serious. Breaking them is a crime. If you’re being hurt or threatened, contact the court or a domestic violence organization.
Don’t stay in an unsafe marriage hoping things improve. Illinois law gives you ways out.
Marriage and Immigration
Here’s something that matters to a lot of people. Getting married to a U.S. citizen doesn’t automatically make you a citizen. It helps with immigration, but it’s complicated.
If you’re not a citizen or legal resident and you want to marry a U.S. citizen, talk to an immigration lawyer. The process is serious and has rules. Don’t go into it blind.
Taxes and Filing Status
Once you’re married, your taxes change. You can file taxes jointly, which usually saves money. You become each other’s legal spouse for tax purposes.
This is something to talk about with a tax professional. Being married changes how much you owe and whether you get certain credits. It’s a financial change you need to understand.
Frequently Asked Questions
Can my underage child get married in Illinois? No. Illinois doesn’t allow anyone under 18 to get married, even with parental permission. Your child has to wait until they’re 18.
How much does a marriage license cost? It varies by county, but most counties charge between $60 and $100. Call your county clerk to find out the exact price.
Can I get married without a ceremony? No, you need a ceremony with an official performer and two witnesses. But it doesn’t have to be fancy or religious. A judge can perform a simple ceremony.
What if one of us is already divorced? You need proof of your divorce. Bring your divorce decree to the county clerk. They’ll verify it, and then you can get married.
Can two people of the same sex get married in Illinois? Yes, absolutely. Same-sex marriage is legal in Illinois and has been since 2014. All the same rules apply.
What if we want to renew our vows? A vow renewal ceremony is just a celebration. It doesn’t change your legal status. You’re already married, so you don’t need a new license.
Can I change my mind after getting the license? Yes. If you don’t use the license within six months, it expires. You’re not forced to get married just because you got a license.
What happens to my name if I keep my maiden name? Nothing automatically. Your name stays the same. You don’t have to do any legal paperwork if you keep your current name.
Final Thoughts
Illinois marriage laws are straightforward once you know them. You need to be 18, get a license from your county clerk, have a ceremony with an official performer and two witnesses, and you’re married.
The big takeaway? Marriage is a serious legal commitment. It changes your taxes, your property rights, your medical decisions, and your finances. Make sure you understand it before you sign up.
If you’re planning to get married soon, start at your county clerk’s office. They can answer questions specific to your county. If you have complicated situations, talk to a lawyer. It’s worth the investment.
Now you’ve got the basics down. Stay informed, and when in doubt, ask your county clerk or a lawyer. You’ve got this.