A person age 18 years or older, or one age 16 or 17 years old who has either the consent to the marriage of both parents or his guardian or judicial approval, may marry. In the case of a 16 or 17 year old, if one parent consents and the other cannot be located despite diligent efforts, the consent of one parent plus a signed affidavit naming the absent parent, stating that he or she cannot be located, and describing the diligent efforts at location, has the effect of both parents' consent. Unless the woman is pregnant at the time of application for a marriage license, or has borne an illegitimate child of the proposed husband, the parties must present proof of laboratory test establishing that they are free of venereal disease.
When persons age 16 or 17 wish to marry and either has no parent able or willing to consent, a court, after a reasonable effort has been made to notify the parents or guardian, may order issuance of a marriage license if the court finds that the underage party is capable of assuming the responsibilities of marriage and the marriage will serve his best interest. Pregnancy alone does not establish best interest.
A marriage is prohibited, and therefore void, under the following circumstances:
- where a party has a living spouse of a marriage which has not been dissolved;
- where the parties are related to each other in any of the following ways: ancestor and descendant; brother and a sister, whether the relationship is by the half or the whole blood or by adoption; uncle and a niece; aunt and a nephew, whether the relationship is by the half or the whole blood; cousins of the first degree where at least one is under age 50, or [either party] at least one of the parties is permanently and irreversibly sterile.
No. An Illinois resident who intends to return and reside in Illinois cannot evade the law of the state by marrying in another state with less strict requirements. Such a marriage is null and void for all purposes in Illinois.
The material presented here is for informational use only. It is intended to provide an in-depth review of Illinois marriage, divorce and custody law for use by non-lawyers in understanding the issues involved. Under no circumstances should this be considered legal advice, nor does it substitute for legal consultation. A lawyer should be consulted when legal advice is indicated.