Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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FAMILIES750 ILCS 5/220
(750 ILCS 5/) Illinois Marriage and Dissolution of Marriage Act.
(750 ILCS 5/220)
Consent to jurisdiction.
Members of a same-sex couple who enter into a marriage in this State consent to the jurisdiction of the courts of this State for the
purpose of any action relating to the marriage, even if one or both
parties cease to reside in this State. A court shall enter a
judgment of dissolution of marriage if, at the time the action is
commenced, it meets the grounds for dissolution of marriage set forth in this Act.
(Source: P.A. 98-597, eff. 6-1-14; 99-78, eff. 7-20-15.)
750 ILCS 5/221
(750 ILCS 5/221)
Name change on marriage certificate.
For a person married in any county in this State, the county clerk shall issue a new marriage certificate when it receives legal documentation indicating that one of the parties listed on the certificate has legally changed names. An order for name change issued pursuant to Section 21-101 of the Code of Civil Procedure shall be the only legal documentation that a county clerk may require. The new marriage certificate shall reflect the legal name change and shall bear no additional markings.
(Source: P.A. 102-169, eff. 7-27-21; 102-813, eff. 5-13-22.)
750 ILCS 5/222
(750 ILCS 5/222)
Request for changing or removing gender identifying language on a marriage certificate.
(a) Upon completion of an affidavit provided by the county clerk and confirmation of identity, a person, still currently married, may request a certificate of the person's current marriage free of any gender identifying language. The person may request a change from terms such as "bride" and "groom" to a nongendered term such as "spouse" or a variant of "Spouse 1" or "Spouse A". Upon such request, both parties shall be listed with a nongendered identifier on a certificate. The request shall not permanently change the gender identifying language in the clerk's records, and the affidavit and issuance shall be kept in the permanent records of the clerk.
The affidavit shall be created by the county clerk, may appear on a combined form with the form under subsection (b), and shall be substantially as follows:
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE
I, .........., state that I am a named spouse on a
marriage license held in this office, that I am still married to the other named spouse on that marriage license as of the date of this request, and hereby request the holder of this record provide me, and only me, with a marriage certificate with any gender-identifying language removed or changed to "spouse". I affirm that this change is for purposes of this certified copy, the change will not be made to permanent records, and a record of this request shall be held by the holder of this marriage record.
(b) If 2 parties currently married request a marriage certificate with gender identifiers changed, such as "bride" to "groom" or "groom" to "bride", both parties shall appear before the clerk, indicate consent, and complete an affidavit. If the clerk is technologically able and the parties desire, the change in gender is permanent.
The affidavit shall be created by the county clerk, may appear on a combined form with the form under subsection (a), and shall be substantially as follows:
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE
We, ..........[Spouse A] and ..........[Spouse B],
the still-married named persons on a marriage license held in this office as of the date of this request, hereby request the holder of this record to provide a marriage certificate with gender-identifying terms such as "bride" and "groom" changed as follows:
..........[Name of Spouse A] Bride, Groom, or Spouse
..........[Name of Spouse B] Bride, Groom, or Spouse
We affirm that this change is for purposes of this
certified copy, and the change will not be made to permanent records, unless indicated by selecting Yes or No (select one) and a record of this request shall be held by the holder of this marriage record.
Signature of Spouse A..........
Signature of Spouse B..........
(c) If a county provides a certified record, photocopy, or reproduction of an original record in lieu of a summary data sheet, the county clerk shall work with the Department of Public Health to develop a new certificate that can be issued in lieu of a reproduction of the prior record. Nothing in this subsection authorizes the county clerk to permanently mark or deface a prior record in lieu of a summary data sheet certificate.
(d) When a clerk issues a nongendered marriage certificate under subsection (a), the certificate shall not include any language indicating it has been amended nor that it is not a true and accurate record of the facts stated therein.
(Source: P.A. 102-171, eff. 1-1-22; 102-813, eff. 5-13-22.)
750 ILCS 5/Pt. III
(750 ILCS 5/Pt. III heading)
DECLARATION OF INVALIDITY OF MARRIAGE
750 ILCS 5/301
(750 ILCS 5/301)
(from Ch. 40, par. 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
(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.
(Source: P.A. 80-923.)
750 ILCS 5/302
(750 ILCS 5/302)
(from Ch. 40, par. 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
(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.
(Source: P.A. 80-923.)
750 ILCS 5/303
(750 ILCS 5/303)
(from Ch. 40, par. 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.
(Source: P.A. 94-229, eff. 1-1-06.)
750 ILCS 5/304
(750 ILCS 5/304)
(from Ch. 40, par. 304)
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
of children, and allocation of parental responsibilities on dissolution of marriage are applicable to non-retroactive
judgments of invalidity of marriage only.
(Source: P.A. 99-90, eff. 1-1-16