Please note that the legal information presented on this page is written for those living in the state of Illinois.
What Does it Mean?
A marriage license is a document confirming the legal marriage between two spouses.
Things You Should Know
Before a marriage can be solemnized, a couple must first apply for a marriage license at an approved location.
To get a marriage license, a couple must:
present a valid ID with proof of age
fill out and sign a marriage application form; and
pay a $60 filing fee, unless you qualify for a fee waiver
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Definitions
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Definitions
Temporary Maintenance (Alimony)
Temporary maintenance (alimony) refers to payments made to your spouse or partner while the two of you are getting or currently are legally separated, OR are in the process of getting a divorce or dissolving your civil union.
An adjudication of parentage refers to a court order (or a legally equivalent administrative order) that establishes a parent-child relationship between the adjudicated parent and a child. A judge or the Department of Family Services (HFS) may adjudicate parentage on the basis of DNA testing, or because of the relevant facts of the situation. Pare
Temporary custody is a temporary allocation of parental responsibilities (custody) to you, your spouse or partner, or both. This temporary allocation can only be made while the two of you are legally separated, and/or are currently in the process of divorcing or dissolving your civil union.If temporary custody is ordered, one parent will become the
A court order is a written document issued by a judge in court. Court orders are given to both parties to a court case – called the petitioner and the respondent – each time your case is heard in front of a judge in court. The court order describes what events took place in court on the date it is issued, and it typically requires one or both par
In Illinois, every civil court case is filed with a unique docket number. Your cases's docket number will be written on every court order you receive. Additionally, each time you file a notice of motion, you will have to include the docket number for the case. For family law cases (Domestic Relations cases), every docket number will contain the
If a judge has ordered that you and your partner or spouse are legally separated, and you have experience a significant change in financial circumstances – such as a change in employment status or the additional presence of a mental or physical disability – you may be able to modify certain aspects of your legal separation agreement, including:temp
A parenting plan is a legally-binding document that orders the allocation of parental responsibilities (custody arrangement), parenting time (visitation rights), or both.The content of a parenting plan may include, but is not limited to the following information:which parent(s) has primary custody of the child(s)how much parenting time (visitation
If you have failed to make child support payments on time, your driver's license can be suspended as part of a child support enforcement penalty. IMPORTANT THINGS TO KNOW ABOUT A DRIVER'S LICENSE SUSPENSION: If you believe that you have not fallen behind on your child support payments, you may be able to contest the suspension If you cannot work
Martial property refers to all proprety, including debts (marital debt) and other financial commitments, that is acquired by either spouse that is legally married AFTER the effective date of the marriage. This date can be found on your marriage license. The following is NOT considered to be marital property: gifts or inheritances any property acqu
A (marital) settlement agreement is a legally-binding court order made between two spouses when getting a divorce or two partners when dissolving a civil union. Settlement agreement can order one or both parties to make certain payments to the other, or to divide certain assets, including: alimony payments child support payments for minor children
A civil union license, otherwise known as a civil union certificate, is a document that confirms that both partners have entered into a legally recognized civil union. In order to enter into a civil union in the state of Illinois, both parties must sign the civil union license, and pay a $60 USD filing fee. If you cannot pay the fee, you may be a
A fee waiver is an application open to those who cannot afford to pay court fees or any related legal fees, such as filing a petition or filing an appearance. You will need to have the following information to apply for a fee waiver: the public benefits you receive, such as LINK/SNAP, TANF, Medicaid, or SSI the amount income you earned last month,
A Qualified (Illinois) Domestic Relations Order (QDRO) is a court order issued during a divorce, dissolution of civil union, or legal separation case. QDROs decide how a couple's retirement savings will be divided among each other after they separate. If a couple does not have any retirement savings, a QDRO will not be ordered.
Maintenance (alimony) refers to a financial contribution to your spouse or partner while or after you have gotten a divorce, dissolution of civil union, or legally separated.Like other child support payments, maintenance will become past-due maintenance if the paying ex fails to make payments on time.The amount an ex is ordered to pay in maintenanc
Conciliation refers to actions taken by a judge or the other party to a dissolution of marriage (divorce) or dissolution of civil union case to repair the damages of the marriage or civil union. If a judge believes there exists the potential for reconciliation, they may order that both parties take part in a conciliation conference to determine if
A Certification for Exemption from E-Filing, if approved by the courts, allows you to file a petition or notice of motion on paper rather than doing so online (e-filing).You may qualify for an E-Filing exception if:You do NOT own or have access to a computer or a stable internet connectionYou have previously tried and were unable to e-file; orYou a
Certain aspects of a (martial) settlement agreement may be modified, but ONLY IF it can be shown to a judge that doing so is in the best interests of both parties and/or their children.A substantial change in one's financial circumstances, such as a change in employment status or the added presence of a mental or physical disability, may warrant a
Temporary child support refers to a type of child support payment to be made to your spouse or partner while the two of you are legally separated, and/or are currently in the process of dissolving your marriage (divorce) or dissolving your civil union.Generally speaking, a spouse or partner will only be ordered to pay temporary child support if bot
If both you and your spouse or partner are in agreement to get a divorce or dissolve a civil union, a joint petition for simplified dissolution is the fastest way to dissolve the marriage or civil union in Illinois.You may be able to file for a joint petition for simplified dissolution if ALL of the following conditions are met:You and your spouse/
A counter-petition is a petition that can be filed by the respondent to a dissolution of marriage (divorce) or dissolution of civil union case. Counter-petitions may be filed in order to either express a desire to preserve the marriage or union, or to allow the respondent to otherwise express their desired outcome from the divorce or dissolution o
A child support order is a legally-binding court order requiring a legal parent of a child, typically the child's non-custodial parent, to make a certain amount of child support payments on a regular basis. There are two types of child support orders: judicial child support orders, and administrative child support orders. The main difference betw
Interim attorney's fees refers to the costs associated with hiring and being represented by an attorney in court, to be assessed periodically throughout the duration of a legal separation, dissolution of marriage (divorce), or dissolution of civil union case. An award of interim attorney's fees may be based on, but is not limited to the followi
The process of getting a divorce will likely involve many hearings in court and the issuing of many different court orders. Some of the court orders or "judgements" made throughout a divorce case can be appealed or changed (modify) depending on the situation. Examples of court orders and judgements that can be appealed or modified may include:
A judicial child support order is a legally-binding child support order that is entered by a judge in court. This means that in order to modify, enforce, or terminate a judicial child support order, you will need to file a notice motion to the other parent and have your case heard by a judge.If you have a copy of your child support order, you can t
Being held in contempt of court is typically the result of a failure to follow the directions of a court order. It may also be the result of child support enforcement. If you are held in contempt or court, you may be subject to certain penalties, such as a fine or a short period of incarceration.
Gestational surrogacy is the process through which a woman carries and gives birth to a child that was conceived through in vitro fertilization, with the intent to place said child in the care of another parent, referred to as the intended parent. In order to have a valid gestational surrogacy agreement, the intended parent must have made a geneti
Declaring the Non-Existence of a Parent-Child Relationship
Declaring the non-existence of a parent-child relationship means that a child's legal parent is NO LONGER recognized as that child's legal parent. This can be made based on the results of DNA testing or by acquiring knowledge of the relevant facts of the situation, but ONLY IF it has been less than TWO (2) YEARS since the petitioner to the declarat
What Does it Mean?A dissolution of marriage, more commonly known as a divorce, is the process through which two spouses exit a legal marriage.How Does it Work?In order to get a divorce in Illinois, both spouses must have been living separately for at least six (6) months. The spouses will have to show to a judge that they have irreconcilable differ
An affidavit is a written document that alleges a set of factual statements, and may be submitted as evidence as part of a court case. In other words, an affidavit is the written version of testifying in court under oath, and requires signing by a licensed public notary.
Unallocated child support is a type of child support payment one can be ordered to pay or receive through a legally-binding child support order. If you are ordered to pay unallocated child support by a judge in court, all of your payments are tax-deductible.All other kinds of child support payments are NOT tax-deductible for the paying parent, nor
A prove-up is the final hearing of a dissolution of marriage (divorce) or dissolution of civil union case. The hearing is typically conducted with a hearing officer, who guides both parties through the process of settling on the final terms of their (marital) settlement agreement. Prove-up hearing will only take place if the parties are ready to
Property divisions refers to the process through which marital property or civil union property is distributed among both spouses or partners during a dissolution of marriage (divorce) or dissolution of civil union case.Dividing assets contained in a couple's shared retirement account requires a Qualified Domestic Relations Order (QDRO).Property di
Attorney's fees refers to the costs associated with hiring and being represented by an attorney in court, to be assessed throughout the duration of dissolution of marriage (divorce) or dissolution of civil union case. As part of a (marital) settlement agreement, one party may be ordered to pay attorney's fees for their ex-spouse or ex-partner. Thi
Tax exemptions for minor children, otherwise known as dependency exemptions, is a certain amount of income related to the cost of caring for and raising a minor chid(s) that is deducted from one's annual tax payments.If you are the legal parent, or have been allocated parental responsibilities (custody) of a minor child(s) you may be able to claim
A child support order is a legally-binding court order requiring a legal parent of a child, typically the child's non-custodial parent, to make a certain amount of child support payments on a regular basis. There are two types of child support orders: judicial child support orders, and administrative child support orders. The main difference betw
Being held in contempt of court is typically the result of a failure to follow the directions of a court order. It may also be the result of child support enforcement. If you are held in contempt or court, you may be subject to certain penalties, such as a fine or a short period of incarceration.
A judicial child support order is a legally-binding child support order that is entered by a judge in court. This means that in order to modify, enforce, or terminate a judicial child support order, you will need to file a notice motion to the other parent and have your case heard by a judge.If you have a copy of your child support order, you can t
Unallocated child support is a type of child support payment one can be ordered to pay or receive through a legally-binding child support order. If you are ordered to pay unallocated child support by a judge in court, all of your payments are tax-deductible.All other kinds of child support payments are NOT tax-deductible for the paying parent, nor
Temporary custody is a temporary allocation of parental responsibilities (custody) to you, your spouse or partner, or both. This temporary allocation can only be made while the two of you are legally separated, and/or are currently in the process of divorcing or dissolving your civil union.If temporary custody is ordered, one parent will become the
Tax exemptions for minor children, otherwise known as dependency exemptions, is a certain amount of income related to the cost of caring for and raising a minor chid(s) that is deducted from one's annual tax payments.If you are the legal parent, or have been allocated parental responsibilities (custody) of a minor child(s) you may be able to claim
An affidavit is a written document that alleges a set of factual statements, and may be submitted as evidence as part of a court case. In other words, an affidavit is the written version of testifying in court under oath, and requires signing by a licensed public notary.
A civil union license, otherwise known as a civil union certificate, is a document that confirms that both partners have entered into a legally recognized civil union. In order to enter into a civil union in the state of Illinois, both parties must sign the civil union license, and pay a $60 USD filing fee. If you cannot pay the fee, you may be a
Martial property refers to all proprety, including debts (marital debt) and other financial commitments, that is acquired by either spouse that is legally married AFTER the effective date of the marriage. This date can be found on your marriage license. The following is NOT considered to be marital property: gifts or inheritances any property acqu
Maintenance (alimony) refers to a financial contribution to your spouse or partner while or after you have gotten a divorce, dissolution of civil union, or legally separated.Like other child support payments, maintenance will become past-due maintenance if the paying ex fails to make payments on time.The amount an ex is ordered to pay in maintenanc
Property divisions refers to the process through which marital property or civil union property is distributed among both spouses or partners during a dissolution of marriage (divorce) or dissolution of civil union case.Dividing assets contained in a couple's shared retirement account requires a Qualified Domestic Relations Order (QDRO).Property di
If both you and your spouse or partner are in agreement to get a divorce or dissolve a civil union, a joint petition for simplified dissolution is the fastest way to dissolve the marriage or civil union in Illinois.You may be able to file for a joint petition for simplified dissolution if ALL of the following conditions are met:You and your spouse/
Declaring the Non-Existence of a Parent-Child Relationship
Declaring the non-existence of a parent-child relationship means that a child's legal parent is NO LONGER recognized as that child's legal parent. This can be made based on the results of DNA testing or by acquiring knowledge of the relevant facts of the situation, but ONLY IF it has been less than TWO (2) YEARS since the petitioner to the declarat
Conciliation refers to actions taken by a judge or the other party to a dissolution of marriage (divorce) or dissolution of civil union case to repair the damages of the marriage or civil union. If a judge believes there exists the potential for reconciliation, they may order that both parties take part in a conciliation conference to determine if
Certain aspects of a (martial) settlement agreement may be modified, but ONLY IF it can be shown to a judge that doing so is in the best interests of both parties and/or their children.A substantial change in one's financial circumstances, such as a change in employment status or the added presence of a mental or physical disability, may warrant a
What Does it Mean?A dissolution of marriage, more commonly known as a divorce, is the process through which two spouses exit a legal marriage.How Does it Work?In order to get a divorce in Illinois, both spouses must have been living separately for at least six (6) months. The spouses will have to show to a judge that they have irreconcilable differ
A court order is a written document issued by a judge in court. Court orders are given to both parties to a court case – called the petitioner and the respondent – each time your case is heard in front of a judge in court. The court order describes what events took place in court on the date it is issued, and it typically requires one or both par
A fee waiver is an application open to those who cannot afford to pay court fees or any related legal fees, such as filing a petition or filing an appearance. You will need to have the following information to apply for a fee waiver: the public benefits you receive, such as LINK/SNAP, TANF, Medicaid, or SSI the amount income you earned last month,
Temporary child support refers to a type of child support payment to be made to your spouse or partner while the two of you are legally separated, and/or are currently in the process of dissolving your marriage (divorce) or dissolving your civil union.Generally speaking, a spouse or partner will only be ordered to pay temporary child support if bot
The process of getting a divorce will likely involve many hearings in court and the issuing of many different court orders. Some of the court orders or "judgements" made throughout a divorce case can be appealed or changed (modify) depending on the situation. Examples of court orders and judgements that can be appealed or modified may include:
In Illinois, every civil court case is filed with a unique docket number. Your cases's docket number will be written on every court order you receive. Additionally, each time you file a notice of motion, you will have to include the docket number for the case. For family law cases (Domestic Relations cases), every docket number will contain the
Interim attorney's fees refers to the costs associated with hiring and being represented by an attorney in court, to be assessed periodically throughout the duration of a legal separation, dissolution of marriage (divorce), or dissolution of civil union case. An award of interim attorney's fees may be based on, but is not limited to the followi
An adjudication of parentage refers to a court order (or a legally equivalent administrative order) that establishes a parent-child relationship between the adjudicated parent and a child. A judge or the Department of Family Services (HFS) may adjudicate parentage on the basis of DNA testing, or because of the relevant facts of the situation. Pare
Gestational surrogacy is the process through which a woman carries and gives birth to a child that was conceived through in vitro fertilization, with the intent to place said child in the care of another parent, referred to as the intended parent. In order to have a valid gestational surrogacy agreement, the intended parent must have made a geneti
Temporary maintenance (alimony) refers to payments made to your spouse or partner while the two of you are getting or currently are legally separated, OR are in the process of getting a divorce or dissolving your civil union.
A (marital) settlement agreement is a legally-binding court order made between two spouses when getting a divorce or two partners when dissolving a civil union. Settlement agreement can order one or both parties to make certain payments to the other, or to divide certain assets, including: alimony payments child support payments for minor children
A Certification for Exemption from E-Filing, if approved by the courts, allows you to file a petition or notice of motion on paper rather than doing so online (e-filing).You may qualify for an E-Filing exception if:You do NOT own or have access to a computer or a stable internet connectionYou have previously tried and were unable to e-file; orYou a
A parenting plan is a legally-binding document that orders the allocation of parental responsibilities (custody arrangement), parenting time (visitation rights), or both.The content of a parenting plan may include, but is not limited to the following information:which parent(s) has primary custody of the child(s)how much parenting time (visitation
A Qualified (Illinois) Domestic Relations Order (QDRO) is a court order issued during a divorce, dissolution of civil union, or legal separation case. QDROs decide how a couple's retirement savings will be divided among each other after they separate. If a couple does not have any retirement savings, a QDRO will not be ordered.
If you have failed to make child support payments on time, your driver's license can be suspended as part of a child support enforcement penalty. IMPORTANT THINGS TO KNOW ABOUT A DRIVER'S LICENSE SUSPENSION: If you believe that you have not fallen behind on your child support payments, you may be able to contest the suspension If you cannot work
A counter-petition is a petition that can be filed by the respondent to a dissolution of marriage (divorce) or dissolution of civil union case. Counter-petitions may be filed in order to either express a desire to preserve the marriage or union, or to allow the respondent to otherwise express their desired outcome from the divorce or dissolution o
A prove-up is the final hearing of a dissolution of marriage (divorce) or dissolution of civil union case. The hearing is typically conducted with a hearing officer, who guides both parties through the process of settling on the final terms of their (marital) settlement agreement. Prove-up hearing will only take place if the parties are ready to
Attorney's fees refers to the costs associated with hiring and being represented by an attorney in court, to be assessed throughout the duration of dissolution of marriage (divorce) or dissolution of civil union case. As part of a (marital) settlement agreement, one party may be ordered to pay attorney's fees for their ex-spouse or ex-partner. Thi
If a judge has ordered that you and your partner or spouse are legally separated, and you have experience a significant change in financial circumstances – such as a change in employment status or the additional presence of a mental or physical disability – you may be able to modify certain aspects of your legal separation agreement, including:temp
This article explains the requirements for a couple living in Illinois to file a petition for joint simplified divorce. This divorce petition makes it quick and easy for spouses to get a divorce, but is only available to those that meet specific requirements.Note that all information in this article applies equally to both married couples and
This article explains the requirements for a couple living in Illinois to file a petition for joint simplified divorce. This divorce petition makes it quick and easy for spouses to get a divorce, but is only available to those that meet specific requirements.Note that all information in this article applies equally to both married couples and
