209 Solemnization and Registration
(a) 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, 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 religious denomination, Indian Nation or Tribe or
Native Group. Either the person solemnizing the marriage, or, if no
individual acting alone solemnized the marriage, both parties to the
marriage, shall complete the marriage certificate form and forward it to
the county clerk within 10 days after such marriage is solemnized.
(b) The solemnization of the marriage is not invalidated by the fact
that the person solemnizing the marriage was not legally qualified to
solemnize it, if either party to the marriage believed him to be so
qualified or by the fact that the marriage was inadvertently solemnized
in a county in Illinois other than the county where the license was
issued.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750.
Families - 5. Illinois Marriage and Dissolution of Marriage Act - Part
II. Marriage
(Source: P.A. 95?775, eff. 1?1?09.)
101 Short Title
This Act may be cited as the "Illinois Marriage and Dissolution of Marriage Act".
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
1: General Provisions
(Source: P.A. 86?649.)
102 Purposes; Rules of Construction
This Act shall be liberally construed and applied to promote its underlying purposes, which are to:
(1) provide adequate procedures for the solemnization and registration of marriage;
(2) strengthen and preserve the integrity of marriage and safeguard family relationships;
(3) promote the amicable settlement of disputes that have arisen between parties to a marriage;
(4) mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage;
(5) make reasonable provision for spouses and minor children during
and after litigation, including provision for timely awards of interim
fees to achieve substantial parity in parties' access to funds for
litigation costs;
(6) eliminate the consideration of marital misconduct in the
adjudication of rights and duties incident to the legal dissolution of
marriage, legal separation and declaration of invalidity of marriage;
(7) secure the maximum involvement and cooperation of both parents
regarding the physical, mental, moral and emotional well?being of the
children during and after the litigation; and
(8) make provision for the preservation and conservation of assets during the litigation.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
1: General Provisions
(Source: P.A. 89?712, eff. 6?1?97.)
103 Trial by Jury
There shall be no trial by jury under this Act.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
1: General Provisions
(Source: P.A. 80?923.)
104 Venue
The proceedings shall be had in the county where the plaintiff or
defendant resides, except as otherwise provided herein, but process may
be directed to any county in the State. Objection to venue is barred if
not made within such time as the defendant's response is due. In no
event shall venue be deemed jurisdictional.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
1: General Provisions
(Source: P.A. 82?716.)
105 Application of Civil Practice Law
(a) The provisions of the Civil Practice Law shall apply to all
proceedings under this Act, except as otherwise provided in this Act.
(b) A proceeding for dissolution of marriage, legal separation or
declaration of invalidity of marriage shall be entitled "In re the
Marriage of ... and ...". A custody or support proceeding shall be
entitled "In re the (Custody) (Support) of ...".
(c) The initial pleading in all proceedings under this Act shall be
denominated a petition. A responsive pleading shall be denominated a
response. All other pleadings under this Act shall be denominated as
provided in the Civil Practice Law.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
1: General Provisions
(Source: P.A. 82?783.)
106 Employment of Administrative Aides
The employment of qualified administrative aides to assist the
court of any county in the administration of proceedings hereunder may
be provided for by such county as the case may be. All such aides shall
be appointed by the authority which provided for them, subject to the
approval of a majority of the judges of each court involved, and shall
serve for such terms and shall receive such compensation as provided by
ordinance.
(a) The administrative aides shall perform such nonjudicial duties
with respect to proceedings hereunder and matters ancillary thereto as
the court shall direct.
(b) Any county may make such appropriations as may be necessary to
provide for the expense and compensation of the administrative aides.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
1: General Provisions
(Source: P.A. 80?923.)
107 Order of protection; status
Order of protection; status. Whenever relief is sought under Part
V, Part VI or Part VII of this Act, the court, before granting relief,
shall determine whether any order of protection has previously been
entered in the instant proceeding or any other proceeding in which any
party, or a child of any party, or both, if relevant, has been
designated as either a respondent or a protected person.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
1: General Provisions
(Source: P.A. 87?743.)
201 Formalities
A marriage between a man and a woman licensed, solemnized and
registered as provided in this Act is valid in this State.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
202 Marriage License and Marriage Certificate
(a) The Director of Public Health shall prescribe the form for an
application for a marriage license, which shall include the following
information:
(1) name, sex, occupation, address, social security number, date and place of birth of each party to the proposed marriage;
(2) if either party was previously married, his name, and the date,
place and court in which the marriage was dissolved or declared invalid
or the date and place of death of the former spouse;
(3) name and address of the parents or guardian of each party; and
(4) whether the parties are related to each other and, if so, their relationship.
(b) The Director of Public Health shall prescribe the forms for the
marriage license, the marriage certificate and, when necessary, the
consent to marriage.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
203 License to Marry
When a marriage application has been completed and signed by both
parties to a prospective marriage and both parties have appeared before
the county clerk and the marriage license fee has been paid, the county
clerk shall issue a license to marry and a marriage certificate form
upon being furnished:
(1) satisfactory proof that each party to the
marriage will have attained the age of 18 years at the time the marriage
license is effective or will have attained the age of 16 years and has
either the consent to the marriage of both parents or his guardian or
judicial approval; provided, if one parent cannot be located in order to
obtain such consent and diligent efforts have been made to locate that
parent by the consenting parent, then the consent of one parent plus a
signed affidavit by the consenting parent which (i) names the absent
parent and states that he or she cannot be located, and (ii) states what
diligent efforts have been made to locate the absent parent, shall have
the effect of both parents' consent for purposes of this Section;
(2) satisfactory proof that the marriage is not
prohibited; and
(3) an affidavit or record as prescribed in
subparagraph (1) of Section 205 or a court order as prescribed in subparagraph (2) of Section 205, if applicable.
With each marriage license, the county clerk shall provide a
pamphlet describing the causes and effects of fetal alcohol syndrome. At
least annually, the county board shall submit to the Illinois
Department of Public Health a report as to the county clerk's compliance
with the requirement that the county clerk provide a pamphlet with each
marriage license. All funding and production costs for the
aforementioned educational pamphlets for distribution to each county
clerk shall be provided by non?profit, non?sectarian statewide programs
that provide education, advocacy, support, and prevention services
pertaining to Fetal Alcohol Syndrome.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 96?1323, eff. 1?1?11.)
204 Medical information brochure
The county clerk shall distribute free of charge, to all persons
applying for a marriage license, a brochure prepared by the Department
of Public Health concerning sexually transmitted diseases and inherited
metabolic diseases.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 86?884.)
205 Exceptions
(1) Irrespective of the results of laboratory tests and clinical
examination relative to sexually transmitted diseases, the clerks of the
respective counties shall issue a marriage license to parties to a
proposed marriage (a) when a woman is pregnant at the time of such
application, or (b) when a woman has, prior to the time of application,
given birth to a child born out of wedlock which is living at the time
of such application and the man making such application makes affidavit
that he is the father of such child born out of wedlock. The county
clerk shall, in lieu of the health certificate required hereunder,
accept, as the case may be, either an affidavit on a form prescribed by
the State Department of Public Health, signed by a physician duly
licensed in this State, stating that the woman is pregnant, or a copy of
the birth record of the child born out of wedlock, if one is available
in this State, or if such birth record is not available, an affidavit
signed by the woman that she is the mother of such child.
(2) Any judge of the circuit court within the county in which the
license is to be issued is authorized and empowered on joint application
by both applicants for a marriage license to waive the requirements as
to medical examination, laboratory tests, and certificates, except the
requirements of paragraph (4) of subsection (a) of Section 212 of this
Act which shall not be waived; and to authorize the county clerk to
issue the license if all other requirements of law have been complied
with and the judge is satisfied, by affidavit, or other proof, that the
examination or tests are contrary to the tenets or practices of the
religious creed of which the applicant is an adherent, and that the
public health and welfare will not be injuriously affected thereby.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 94?229, eff. 1?1?06.)
206 Records
Any health certificate filed with the county clerk, or any
certificate, affidavit, or record accepted in lieu thereof, shall be
retained in the files of the office for one year after the license is
issued and shall thereafter be destroyed by the county clerk.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 82?561.)
207 Effective Date of License
A license to marry becomes effective in the county where it was
issued one day after the date of issuance, unless the court orders that
the license is effective when issued, and expires 60 days after it
becomes effective, provided that the marriage is not invalidated by the
fact that the marriage was inadvertently solemnized in a county in
Illinois other than the county where the license was issued.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 95?775, eff. 1?1?09.)
208 Judicial Approval of Underage Marriages
(a) The court, after a reasonable effort has been made to notify
the parents or guardian of each underaged party, may order the county
clerk to issue a marriage license and a marriage certificate form to a
party aged 16 or 17 years who has no parent capable of consenting to his
marriage or whose parent or guardian has not consented to his marriage.
(b) A marriage license and a marriage certificate form may be issued
under this Section only if the court finds that the underaged party is
capable of assuming the responsibilities of marriage and the marriage
will serve his best interest. Pregnancy alone does not establish that
the best interest of the party will be served.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
209 Solemnization and Registration
(a) 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, 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 religious denomination, Indian Nation or Tribe or
Native Group. Either the person solemnizing the marriage, or, if no
individual acting alone solemnized the marriage, both parties to the
marriage, shall complete the marriage certificate form and forward it to
the county clerk within 10 days after such marriage is solemnized.
(b) The solemnization of the marriage is not invalidated by the fact
that the person solemnizing the marriage was not legally qualified to
solemnize it, if either party to the marriage believed him to be so
qualified or by the fact that the marriage was inadvertently solemnized
in a county in Illinois other than the county where the license was
issued.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 95?775, eff. 1?1?09.)
210 Registration of Marriage Certificate
Upon receipt of the marriage certificate, the county clerk shall
register the marriage. Within 45 days after the close of the month in
which a marriage is registered, the county clerk shall make to the
Department of Public Health a return of such marriage. Such return shall
be made on a form furnished by the Department of Public Health and
shall substantially consist of the following items:
(1) A copy of the marriage license application signed and attested
to by the applicants, except that in any county in which the information
provided in a marriage license application is entered into a computer,
the county clerk may submit a computer copy of such information without
the signatures and attestations of the applicants.
(2) The date and place of marriage.
(3) The marriage license number.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 85?1307.)
211 Reporting
In transmitting the required returns, the county clerk shall make a
report to the Department of Public Health stating the total number of
marriage licenses issued during the month for which returns are made,
and the number of marriage certificates registered during the month.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
212 Prohibited Marriages
(a) The following marriages are prohibited:
(1) a marriage entered into prior to the dissolution
of an earlier marriage of one of the parties;
(2) a marriage between an ancestor and a descendant
or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption;
(3) a marriage between an uncle and a niece or
between an aunt and a nephew, whether the relationship is by the half or the whole blood;
(4) a marriage between cousins of the first degree;
however, a marriage between first cousins is not prohibited if:
(i) both parties are 50 years of age or older; or
(ii) either party, at the time of application
for a marriage license, presents for filing with the county clerk of the
county in which the marriage is to be solemnized, a certificate signed
by a licensed physician stating that the party to the proposed marriage
is permanently and irreversibly sterile;
(5) a marriage between 2 individuals of the same sex.
(b) Parties to a marriage prohibited under subsection (a) of this
Section who cohabit after removal of the impediment are lawfully married
as of the date of the removal of the impediment.
(c) Children born or adopted of a prohibited or common law marriage are the lawful children of the parties.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 94?229, eff. 1?1?06.)
213 Validity
All marriages contracted within this State, prior to the effective
date of this Act, or outside this State, that were valid at the time of
the contract or subsequently validated by the laws of the place in
which they were contracted or by the domicile of the parties, are valid
in this State, except where contrary to the public policy of this State.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
213.1 Same?sex marriages; public policy
A marriage between 2 individuals of the same sex is contrary to the public policy of this State.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 89?459, eff. 5?24?96.)
214 Invalidity of Common Law Marriages
Common law marriages contracted in this State after June 30, 1905 are invalid.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
215 Penalty
Unless otherwise provided by law, any person who violates any
provision of Part II of this Act is guilty of a Class B misdemeanor.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
216 Prohibited Marriages Void if Contracted in Another State
That if any person residing and intending to continue to reside in
this state and who is disabled or prohibited from contracting marriage
under the laws of this state, shall go into another state or country and
there contract a marriage prohibited and declared void by the laws of
this state, such marriage shall be null and void for all purposes in
this state with the same effect as though such prohibited marriage had
been entered into in this state.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
217 Marriage by Non?residents ? When Void
No marriage shall be contracted in this state by a party residing
and intending to continue to reside in another state or jurisdiction if
such marriage would be void if contracted in such other state or
jurisdiction and every marriage celebrated in this state in violation of
this provision shall be null and void.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
218 Duty of Officer Issuing License
Before issuing a license to marry a person who resides and intends
to continue to reside in another state, the officer having authority to
issue the license shall satisfy himself by requiring affidavits or
otherwise that such person is not prohibited from intermarrying by the
laws of the jurisdiction where he or she resides.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
219 Offenses
Any official issuing a license with knowledge that the parties are
thus prohibited from intermarrying and any person authorized to
celebrate marriage who shall knowingly celebrate such a marriage shall
be guilty of a petty offense.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
2: Marriage
(Source: P.A. 80?923.)
301 Declaration of Invalidity ? Grounds
The court shall enter its judgment declaring the invalidity of a
marriage (formerly known as annulment) entered into under the following
circumstances:
(1) a party lacked capacity to consent to the marriage at the time
the marriage was solemnized, either because of mental incapacity or
infirmity or because of the influence of alcohol, drugs or other
incapacitating substances, or a party was induced to enter into a
marriage by force or duress or by fraud involving the essentials of
marriage;
(2) a party lacks the physical capacity to consummate the marriage
by sexual intercourse and at the time the marriage was solemnized the
other party did not know of the incapacity;
(3) a party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval; or
(4) the marriage is prohibited.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
3: Declaration of Invalidity of Marriage
(Source: P.A. 80?923.)
302 Time of Commencement
(a) A declaration of invalidity under paragraphs (1) through (3)
of Section 301 may be sought by any of the following persons and must be
commenced within the times specified:
(1) for any of the reasons set forth in paragraph (1) of Section
301, by either party or by the legal representative of the party who
lacked capacity to consent, no later than 90 days after the petitioner
obtained knowledge of the described condition;
(2) for the reason set forth in paragraph (2) of Section 301, by
either party, no later than one year after the petitioner obtained
knowledge of the described condition;
(3) for the reason set forth in paragraph (3) of Section 301, by the
underaged party, his parent or guardian, prior to the time the
underaged party reaches the age at which he could have married without
needing to satisfy the omitted requirement.
(b) In no event may a declaration of invalidity of marriage be
sought after the death of either party to the marriage under subsections
(1), (2) and (3) of Section 301.
(c) A declaration of invalidity for the reason set forth in
paragraph (4) of Section 301 may be sought by either party, the legal
spouse in case of a bigamous marriage, the State's Attorney or a child
of either party, at any time not to exceed 3 years following the death
of the first party to die.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
3: Declaration of Invalidity of Marriage
(Source: P.A. 80?923.)
303 Legitimacy of Children
Children born or adopted of a marriage declared invalid are the
lawful children of the parties. Children whose parents marry after their
birth are the lawful children of the parties.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
3: Declaration of Invalidity of Marriage
(Source: P.A. 94?229, eff. 1?1?06.)
304 Retroactivity
Unless the court finds, after a consideration of all relevant
circumstances, including the effect of a retroactive judgment on third
parties, that the interests of justice would be served by making the
judgment not retroactive, it shall declare the marriage invalid as of
the date of the marriage. The provisions of this Act relating to
property rights of the spouses, maintenance, support and custody of
children on dissolution of marriage are applicable to non?retroactive
judgments of invalidity of marriage only.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
3: Declaration of Invalidity of Marriage
(Source: P.A. 80?923.)
305 Putative Spouse
Any person, having gone through a marriage ceremony, who has
cohabited with another to whom he is not legally married in the good
faith belief that he was married to that person is a putative spouse
until knowledge of the fact that he is not legally married terminates
his status and prevents acquisition of further rights. A putative spouse
acquires the rights conferred upon a legal spouse, including the right
to maintenance following termination of his status, whether or not the
marriage is prohibited, under Section 212, or declared invalid, under
Section 301. If there is a legal spouse or other putative spouse, rights
acquired by a putative spouse do not supersede the rights of the legal
spouse or those acquired by other putative spouses, but the court shall
apportion property, maintenance and support rights among the claimants
as appropriate in the circumstances and in the interests of justice.
This Section shall not apply to common law marriages contracted in the
State after June 30, 1905.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
3: Declaration of Invalidity of Marriage
(Source: P.A. 80?923.)
306 Commencement of Action
Actions for declaration of invalidity of marriage shall be commenced as in other civil cases.
Illinois Compiled Statutes - Rights and Remedies - Chapter 750:
Families - 5: Illinois Marriage and Dissolution of Marriage Act - Part
3: Declaration of Invalidity of Marriage
(Source: P.A. 80?923.
