Getting Married in Illinois: Legal Guide for Couples

Before applying for a marriage license, research Illinois marriage requirements including age restrictions (both parties must be at least 18, or 16-17 with parental consent), waiting periods, and residency requirements. Illinois does not have a residency requirement for marriage licenses, but you should confirm current rules with the county clerk's office where you plan to apply.

Both parties must appear in person at a county clerk's office in Illinois with valid identification (driver's license, state ID, or passport) and pay the license fee (typically $40-$75 depending on the county). The license is valid for 60 days from issuance and has a 1-day waiting period before the ceremony can take place. You cannot use the license on the same day it's issued.

If you wish to establish property rights and financial responsibilities before marriage, consider creating a prenuptial agreement. In Illinois, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. For the agreement to be enforceable, both parties should have independent legal counsel review it before signing. This should be completed well before the wedding to avoid claims of coercion.

Marriage automatically revokes a previously executed will in Illinois unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse and any other beneficiaries are properly included according to your wishes.

Designate your spouse or another trusted individual to make healthcare decisions on your behalf if you become incapacitated. Illinois has specific statutory forms for healthcare powers of attorney that must be signed in the presence of a witness. The witness cannot be your healthcare provider, a relative, or someone who would benefit from your estate.

Establish a durable power of attorney for financial matters to allow your spouse or another trusted person to handle your financial affairs if you become unable to do so. In Illinois, this document must be signed in the presence of a notary public to be valid.

Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets to include your spouse if desired. These designations typically override will provisions, so it's important they reflect your current wishes.

If either spouse plans to change their name after marriage, you'll need to update your Social Security card first, then your driver's license or state ID, and finally other documents. In Illinois, your marriage certificate serves as legal proof for a name change related to marriage. You don't need to file a separate court petition for a marriage-related name change.

If changing your name, visit the Social Security Administration office with your marriage certificate, photo ID, and completed SS-5 form to update your Social Security card. This should be done before updating other identification documents.

After updating your Social Security information (if changing your name), visit an Illinois Secretary of State facility with your marriage certificate and current ID to update your driver's license or state ID with your new name.

Consider whether to maintain separate accounts or establish joint accounts for banking, investments, or credit cards. Illinois is not a community property state, but marital assets are subject to equitable distribution in case of divorce.

Marriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan. You typically have 30 days from your marriage date to make these changes. Contact your health insurance provider or employer's HR department to understand the process and required documentation.

For the tax year in which you get married, you'll need to decide whether to file jointly or separately with your spouse. Consult with a tax professional to determine which status is most beneficial for your situation. If you're married as of December 31, you're considered married for the entire tax year.

If changing your name, update your passport and other identification documents. For passports, you'll need to submit Form DS-82 or DS-5504 (depending on when your passport was issued) along with your marriage certificate and current passport.

Consider updating property titles for real estate, vehicles, and other major assets to reflect your marital status. In Illinois, you can hold property as tenants by the entirety (a form of ownership available only to married couples that provides certain protections against creditors), joint tenants with right of survivorship, or tenants in common.