At What Age Can Two People Legally Get Married in Illinois?

 Posted on March 15, 2014 in Family Law

The legal age to get married in Illinois is 18. Applicants who are 16 or 17 years old may apply for a marriage license with consent from parents or guardians, but the court can waive the parental consent requirements in special cases.

A 16 or 17 year old applicant can be married in Illinois if any of these four conditions are met:

1. The applicant has the consent of both parents, or 2. The applicant has the consent of one parent and the other parent cannot be located to obtain such consent, and diligent efforts have been made to locate that parent by the consenting parent who signs an affidavit that (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, or 3. The applicant's legal guardian (other than a parent) consents to the marriage, or 4. A judge enters a court order in a judicial proceeding which approves the marriage.

The Statutes in Illinois which describe how 16 and 17 year olds may be married read as follows:

(750 ILCS 5/203) (from Ch. 40, par. 203) Sec. 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.

(750 ILCS 5/208) (from Ch. 40, par. 208) Sec. 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. (Source: P.A. 80-923.)

For assistance with your family law matters, contact the Law Office of Martoccio & Martoccio located in Hinsdale, Illinois.