State Codes and Statutes
Statutes > Illinois > Chapter750 > 2086 > 075000050HPt_II (750 ILCS 5/201) (from Ch. 40, par. 201) Sec. 201. Formalities.) A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State. (Source: P.A. 80‑923.) |
(750 ILCS 5/202) (from Ch. 40, par. 202) Sec. 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. (Source: P.A. 80‑923.) |
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(2) satisfactory proof that the marriage is not | ||
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(3) an affidavit or record as prescribed in | ||
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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. (Source: P.A. 96‑1323, eff. 1‑1‑11.) |
(750 ILCS 5/204) (from Ch. 40, par. 204) Sec. 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. (Source: P.A. 86‑884.) |
(750 ILCS 5/206) (from Ch. 40, par. 206) Sec. 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. (Source: P.A. 82‑561.) |
(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.) |
(750 ILCS 5/210) (from Ch. 40, par. 210) Sec. 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. (Source: P.A. 85‑1307.) |
(750 ILCS 5/211) (from Ch. 40, par. 211) Sec. 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. (Source: P.A. 80‑923.) |
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(2) a marriage between an ancestor and a descendant | ||
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(3) a marriage between an uncle and a niece or | ||
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(4) a marriage between cousins of the first degree; | ||
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(i) both parties are 50 years of age or older; or (ii) either party, at the time of application | ||
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(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. (Source: P.A. 94‑229, eff. 1‑1‑06.) |
(750 ILCS 5/213) (from Ch. 40, par. 213) Sec. 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. (Source: P.A. 80‑923.) |
(750 ILCS 5/213.1) Sec. 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. (Source: P.A. 89‑459, eff. 5‑24‑96.) |
(750 ILCS 5/214) (from Ch. 40, par. 214) Sec. 214. Invalidity of Common Law Marriages.) Common law marriages contracted in this State after June 30, 1905 are invalid. (Source: P.A. 80‑923.) |
(750 ILCS 5/215) (from Ch. 40, par. 215) Sec. 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. (Source: P.A. 80‑923.) |
(750 ILCS 5/216) (from Ch. 40, par. 216) Sec. 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. (Source: P.A. 80‑923.) |
(750 ILCS 5/217) (from Ch. 40, par. 217) Sec. 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. (Source: P.A. 80‑923.) |
(750 ILCS 5/218) (from Ch. 40, par. 218) Sec. 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. (Source: P.A. 80‑923.) |
(750 ILCS 5/219) (from Ch. 40, par. 219) Sec. 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. (Source: P.A. 80‑923.) |