How to Get Married in Illinois (2026)
Reviewed by DocDraft Legal Team · Illinois · Last updated 2026-05-18
Marriage formation in Illinois follows Illinois-specific family law from the license application onward. On the timing side: 1 day. The license validity window is: 60 days. The state's common-law-marriage rule: Common law marriages contracted in this State after June 30, 1905 are invalid. What follows is the Illinois sequence, the documents, and the officiant rules that complete a lawful marriage.
Key Considerations
Illinois also imposes timing rules on either side of license issuance. The waiting period (if any) controls how soon after the license is issued the ceremony can lawfully occur: 1 day. The validity window controls how long the license remains good: 60 days. Couples should calendar both dates against the planned ceremony date.
Two structural Illinois rules determine whether the marriage is legally complete: the common-law-recognition rule and the officiant rule. On common-law: Common law marriages contracted in this State after June 30, 1905 are invalid. On officiants: A marriage may be solemnized by a judge of a court of record, by a retired judge of a court of record, unless the retired judge was removed from office by the Judicial Inquiry Board, except that a retired judge shall not receive any compensation from the State, a county or any unit of local government in return for the solemnization of a marriage and there shall be no effect upon any pension benefits conferred by the Judges Retirement System of Illinois, by a judge of the Court of Claims, by a county clerk in counties having 2,000,000 or more inhabitants, by a public official whose powers include solemnization of marriages, by a mayor or president of a city, village, or incorporated town who is in office on the date of the solemnization, or in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group, provided that when such prescriptions require an officiant, the officiant be in good standing with his or her religious denomination, Indian Nation or Tribe or Native Group. A ceremony that satisfies neither path is not a marriage in Illinois.
A Illinois marriage starts with a license, and a license starts with two threshold questions: cost and age eligibility. The cost question runs to the issuing clerk: marriage-license fees are collected at the county or town level and are not uniform across the state; the current charge is published on the issuing clerk's website (consult the state code). The age question is set by the state marriage code: 16. Both are settled before any application is signed.
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Relevant Documents
Documents commonly produced at a Illinois marriage-license appointment: the marriage-license application form, identification for each applicant, and (where relevant) the certificate of completion of an approved premarital preparation course. No state-level statute. Governed by common law / municipal ordinance / case law as applicable. Applicants in Illinois pay the marriage-license fee directly to the issuing office (county clerk, town clerk, or probate office, as the state's structure provides) when the application is submitted.
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/)
This is the primary law governing marriage in Illinois. It establishes requirements for obtaining a marriage license, who can legally marry, waiting periods, and the process for solemnizing a marriage. Anyone getting married in Illinois must comply with these statutory requirements.
Marriage License Requirements (750 ILCS 5/203-205)
In Illinois, both parties must appear in person at a county clerk's office to apply for a marriage license. You must be at least 18 years old (or 16-17 with parental consent). The license fee varies by county (typically $30-$75), and the license is valid for 60 days after issuance. There is a one-day waiting period after obtaining the license before the marriage can be performed.
Who Can Perform Marriages (750 ILCS 5/209)
Illinois law specifies who can legally officiate marriages. This includes judges, retired judges, county clerks, religious officials, and public officials whose powers include solemnization of marriages. Additionally, Illinois allows for self-uniting marriages where the couple can solemnize their own marriage in the presence of a judge.
Illinois Religious Freedom Protection and Civil Union Act (750 ILCS 75/)
While this law primarily established civil unions in Illinois (before same-sex marriage was legalized), it remains relevant as it contains provisions about religious freedom protections related to marriage ceremonies. Religious institutions are not required to solemnize marriages contrary to their religious beliefs.
Name Change After Marriage (735 ILCS 5/21-101)
Illinois law permits individuals to change their surname after marriage without a formal court proceeding. Your marriage certificate serves as legal documentation for changing your name with various government agencies, including Social Security, DMV, and passport services.
Premarital Agreements Act (750 ILCS 10/)
This law governs prenuptial agreements in Illinois. If you're considering a prenuptial agreement, this statute outlines requirements for validity, including that agreements must be in writing, signed by both parties, and entered into voluntarily. The law also specifies what can and cannot be included in such agreements.
Regional Variances
Chicago and Cook County
Chicago has its own marriage license bureau separate from Cook County, with a fee of $60. Couples must apply in person at the Chicago City Clerk's office. The license is valid for 60 days and has a 1-day waiting period after issuance before the ceremony can take place. Chicago also offers civil union licenses for both same-sex and opposite-sex couples.
Cook County issues marriage licenses for $60, valid for 60 days with a 1-day waiting period. Couples must apply in person at any Cook County Clerk's office. The county offers online pre-application to expedite the in-person process. Cook County also recognizes civil unions.
Collar Counties
DuPage County charges $35 for marriage licenses, which are valid for 60 days with a 1-day waiting period. Both parties must appear in person at the County Clerk's office with valid identification. The county offers a pre-application process online to save time during the in-person visit.
Lake County issues marriage licenses for $40. Both applicants must appear together at the County Clerk's office with proper identification. The license is valid for 60 days and has a mandatory 1-day waiting period before the ceremony can be performed.
Will County charges $30 for marriage licenses. Both parties must apply in person at the County Clerk's office. The license is valid for 60 days and cannot be used until at least 24 hours after issuance. Will County also offers civil union licenses.
Downstate Counties
Sangamon County, home to the state capital Springfield, charges $75 for marriage licenses. Both applicants must appear in person with valid ID at the County Clerk's office. The license is valid for 60 days with a 1-day waiting period. The county offers a ceremony service for an additional fee.
Champaign County issues marriage licenses for $30. Both parties must apply in person with proper identification. The license is valid for 60 days and has a 1-day waiting period. The county clerk's office offers notary services for marriage-related documents.
Madison County charges $30 for marriage licenses. Both applicants must appear together at the County Clerk's office with valid identification. The license is valid for 60 days and cannot be used until at least 24 hours after issuance.
Suggested Compliance Checklist
Apply for the Illinois marriage license at the issuing clerk's office
Before the ceremony days after startingmarriage-license fees are collected at the county or town level and are not uniform across the state; the current charge is published on the issuing clerk's website (consult the state code). Bring valid government-issued photo identification for each applicant and any documentation the clerk requires (proof of termination of any prior marriage, for example).
Have identification and prior-marriage paperwork ready when filing the application
Before the ceremony days after startingStandard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married.
Account for the post-license waiting period when picking a ceremony date
Before the ceremony days after starting1 day. The waiting period (where the state imposes one) runs from the license issuance date, so the application timing has to be worked backward from the planned ceremony date.
Where the state recognizes a premarital-course incentive, plan the course before applying
Before applying days after startingNo state-level statute. Governed by common law / municipal ordinance / case law as applicable. The clerk applies the fee reduction or waiting-period waiver based on the original course-completion certificate produced at filing.
Confirm the license validity window before locking the ceremony date
Before the ceremony days after starting60 days. The license expires by operation of law at the end of the window; a ceremony performed after expiration is not lawful and the couple must reapply.
Solemnize the marriage with an officiant the state recognizes
At the ceremony days after startingA marriage may be solemnized by a judge of a court of record, by a retired judge of a court of record, unless the retired judge was removed from office by the Judicial Inquiry Board, except that a retired judge shall not receive any compensation from the State, a county or any unit of local government in return for the solemnization of a marriage and there shall be no effect upon any pension benefits conferred by the Judges Retirement System of Illinois, by a judge of the Court of Claims, by a county clerk in counties having 2,000,000 or more inhabitants, by a public official whose powers include solemnization of marriages, by a mayor or president of a city, village, or incorporated town who is in office on the date of the solemnization, or in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group, provided that when such prescriptions require an officiant, the officiant be in good standing with his or her religious denomination, Indian Nation or Tribe or Native Group. Verifying the officiant's authority in advance is important because a defective solemnization is one of the few errors the marriage code does not always cure retroactively.
Make sure the officiant files the executed license back with the issuing office promptly after the ceremony
After the ceremony days after startingRecording converts the license into a recorded marriage on the state's vital-records system and is what makes a certified marriage certificate available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for the Illinois marriage license at the issuing clerk's office | marriage-license fees are collected at the county or town level and are not uniform across the state; the current charge is published on the issuing clerk's website (consult the state code). Bring valid government-issued photo identification for each applicant and any documentation the clerk requires (proof of termination of any prior marriage, for example). | - | Before the ceremony |
| Have identification and prior-marriage paperwork ready when filing the application | Standard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married. | - | Before the ceremony |
| Account for the post-license waiting period when picking a ceremony date | 1 day. The waiting period (where the state imposes one) runs from the license issuance date, so the application timing has to be worked backward from the planned ceremony date. | - | Before the ceremony |
| Where the state recognizes a premarital-course incentive, plan the course before applying | No state-level statute. Governed by common law / municipal ordinance / case law as applicable. The clerk applies the fee reduction or waiting-period waiver based on the original course-completion certificate produced at filing. | - | Before applying |
| Confirm the license validity window before locking the ceremony date | 60 days. The license expires by operation of law at the end of the window; a ceremony performed after expiration is not lawful and the couple must reapply. | - | Before the ceremony |
| Solemnize the marriage with an officiant the state recognizes | A marriage may be solemnized by a judge of a court of record, by a retired judge of a court of record, unless the retired judge was removed from office by the Judicial Inquiry Board, except that a retired judge shall not receive any compensation from the State, a county or any unit of local government in return for the solemnization of a marriage and there shall be no effect upon any pension benefits conferred by the Judges Retirement System of Illinois, by a judge of the Court of Claims, by a county clerk in counties having 2,000,000 or more inhabitants, by a public official whose powers include solemnization of marriages, by a mayor or president of a city, village, or incorporated town who is in office on the date of the solemnization, or in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group, provided that when such prescriptions require an officiant, the officiant be in good standing with his or her religious denomination, Indian Nation or Tribe or Native Group. Verifying the officiant's authority in advance is important because a defective solemnization is one of the few errors the marriage code does not always cure retroactively. | - | At the ceremony |
| Make sure the officiant files the executed license back with the issuing office promptly after the ceremony | Recording converts the license into a recorded marriage on the state's vital-records system and is what makes a certified marriage certificate available. | - | After the ceremony |
Frequently Asked Questions
Common law marriages contracted in this State after June 30, 1905 are invalid. The doctrine has been narrowed or abolished prospectively in most states over the past century. Couples planning a future marriage in Illinois should not assume common-law status without confirming the current rule against the state marriage code.
marriage-license fees are collected at the county or town level and are not uniform across the state; the current charge is published on the issuing clerk's website (consult the state code). Applicants should plan to confirm the current dollar amount directly with the Illinois issuing clerk that will handle the application, since the published fee schedule can change and county add-ons (where allowed) shift the total.
1 day. Couples planning a Illinois ceremony should calendar the earliest lawful date from license issuance and book the ceremony on or after that day; a ceremony performed before the period runs is not a lawful marriage.
Other Illinois guides
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