Franklin Dean
The COVID-19 pandemic has forced couples to either cancel or drastically alter their wedding plans to accommodate restrictions. This has led some couples to consider having a Skype wedding ceremony where the couple says their vows from one location while the officiant performs the ceremony from another via video conferencing platforms. However, experts explain that most online wedding ceremonies will likely not be considered legal by the courts. In Illinois, there are specific requirements that must be met before a couple can be legally married, including obtaining a marriage license and presenting valid identification with proof of age. While there are no laws requiring officiant registration, there may be legal issues with Skype weddings regarding the verification of identity and the legitimacy of the marriage license.
| Characteristics | Values |
|---|---|
| Skype weddings legal in Illinois | Unclear, but likely not |
| Marriage license required | Yes |
| Marriage license application process | Online or in-person |
| Marriage license fee | $60 |
| Valid identification with proof of age required | Yes |
| Date of divorce finalization required for divorced applicants | Yes |
| Certified copy of divorce decree required for applicants divorced within the last six months | Yes |
| Parental consent required for applicants under 18 | Yes |
| Certified copy of court-appointed legal guardian consent required for applicants with legal guardians | Yes |
| Officiant registration with the government required | No |
| Officiant must complete the bottom portion of the marriage license and mail or deliver it to the Clerk's office | Yes |
| Witness requirement | Only in DuPage County (2 witnesses required) |
| Physical presence of witness required | Yes |
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What You'll Learn
Illinois marriage laws
In Illinois, same-sex couples have been able to apply for marriage licenses since February 21, 2014, following a lawsuit filed by Lambda Legal and the ACLU of Illinois. The marriage license becomes effective the day after it is issued and expires after 60 days. The cost of applying for a marriage license varies by county but is usually between $15 and $40. Both parties must appear in person with valid identification and proof of age to obtain a marriage license from their county clerk's office.
Out-of-state marriages of same-sex couples are also recognized in Illinois. Additionally, couples who entered into a civil union or domestic partnership in another state can get married in Illinois.
During the COVID-19 pandemic, some couples considered having Skype wedding ceremonies, where the couple and the officiant are in different locations. However, these weddings are not considered legally valid in Illinois, as there are challenges in verifying the identities of the couple and the legitimacy of the marriage license.
It is important to note that Illinois statutes do not require witnesses for a marriage ceremony, except in DuPage County, which requires two witnesses. Therefore, while a witness can attend virtually through Skype, there must also be someone present in person to serve as a witness.
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Legal issues with Skype weddings
While Illinois law does not explicitly prohibit Skype weddings, there are several legal issues that couples should be aware of before choosing this option.
One of the biggest challenges with Skype weddings is verifying the identities of the couple and the legitimacy of their marriage license. In Illinois, couples must appear together at one of the Cook County Clerk's four locations to fill out and sign a marriage license application, present valid identification, and pay the associated fees. It is unclear if these requirements can be adequately met through a virtual ceremony.
Additionally, while Illinois does not require wedding officiants to register with any government office, the officiant must still complete and submit the bottom portion of the marriage license to the Clerk's office. It is important to note that the Clerk's office cannot provide legal guidance on any matter. Therefore, couples choosing a Skype wedding should ensure they are complying with all necessary legal requirements, particularly those related to the role of the officiant.
Another important consideration is the presence of witnesses. While Illinois statutes do not require witnesses to a marriage ceremony, DuPage County, Illinois, requires two witnesses. These witnesses must be physically present at the ceremony, as the purpose of the law is for them to witness the ceremony directly. Therefore, having a witness attend virtually via Skype may not satisfy this legal requirement.
Finally, it is worth noting that online wedding ceremonies may not be considered legal by the courts, and couples should not assume that these ceremonies will be valid according to their local marriage laws. While there are examples of couples getting married virtually, such as a gay couple in Texas who got married in Washington, D.C. via Skype, the legal status of such marriages may vary depending on the specific circumstances and the state in which they take place.
In conclusion, while Skype weddings may seem like a convenient and innovative option, there are several legal issues that couples should carefully consider before choosing this path. It is always best to consult with a legal professional familiar with the local laws and requirements to ensure that your wedding ceremony complies with all necessary legal standards.
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Marriage license requirements
To get married in Illinois, you must obtain a marriage license. Here are the requirements for getting a marriage license in Illinois:
- Both parties must appear in person at the county clerk's office to fill out and sign a marriage license application. Some counties may allow you to start your application online, but you will still need to appear in person to have it issued.
- You must obtain your marriage license in the county in which you are getting married, not the county where you live.
- You must present valid identification with proof of age. Acceptable forms of ID include a driver's license, passport, birth certificate, or state ID. If you do not have these primary forms of ID, you can use two other forms of identification.
- If you were previously married, you must provide the date the previous marriage ended and the county and state the marriage was dissolved in. If you have divorced within the last six months, you must provide a certified copy of your divorce decree.
- You must pay a fee to obtain your marriage license. The fee varies by county and is usually in the range of $15 to $60.
- If you are under the age of 18, both parents must sign a parental consent form in the County Clerk's Office and provide valid identification. If a parent is deceased, you must provide a death certificate, proof of guardianship, or a court order waiving consent.
- Your marriage license will be valid for 60 days and only in the county in which it was issued.
- If you are in a civil union, you have the option to apply for a marriage license without a fee or apply for a marriage certificate that shows you as married as of the date you entered your civil union.
- If you live outside of Illinois and intend to continue living outside of Illinois after your marriage, it is advised that you speak with an attorney before obtaining a marriage license to ensure your marriage will be valid.
Please note that these are the general requirements for obtaining a marriage license in Illinois. Each county may have slightly different processes and requirements, so it is always best to check with your specific county clerk's office.
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Courthouse wedding procedures
Skype weddings are not considered legal in Illinois, with experts citing issues with verifying the identity of the couple and the legitimacy of the marriage license.
For those interested in a civil ceremony, there are several options available in Illinois. Here are the procedures for some of the courthouses in the state:
Cook County:
Marriage and civil union ceremonies are available at various courthouses in Cook County, including the Maywood, Bridgeview, Markham, and Rolling Meadows Courthouses. Appointments are typically available Monday through Friday, and couples must bring their valid marriage or civil union license, obtained from the Cook County Clerk's office, and a $10 administrative fee.
19th Judicial Circuit Court, Waukegan:
The 19th Judicial Circuit Court in Waukegan, Illinois, offers wedding ceremonies presided over by a judge. Couples can arrive at the courthouse entrance (18 N. County Street) at 2:00 pm, Monday through Friday, and report to the 1st Floor Court Administration for a courtroom assignment. Ceremonies are also available on Saturday and Sunday mornings, and couples are advised to check the Holiday Court Schedules for any changes.
Chicago and Suburban Municipal District Courthouses:
In-person and virtual (Zoom) marriage and civil union ceremonies are available for couples in Chicago. In-person ceremonies are held Tuesday through Friday from 9 am to 12 pm and 2 pm to 4 pm at 119 W. Randolph St. Couples must obtain a valid marriage or civil union license at least one day but no longer than 60 days prior to the ceremony and pay a $10 administrative fee.
It is important to note that specific procedures and requirements may vary by courthouse, so it is recommended to contact the relevant courthouse directly for the most up-to-date and accurate information. Additionally, marriage licenses are required for all weddings in Illinois, and specific instructions for obtaining a license can be found on the Cook County Clerk's website.
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Witnesses via Skype
While there is no explicit ban on having witnesses via Skype for weddings in Illinois, there are some legal considerations to keep in mind. Firstly, it's important to note that online wedding ceremonies, where the officiant performs the ceremony remotely via Skype or other video conferencing platforms, are not legally recognized by the courts in Illinois. So, if you're planning a Skype wedding, it's essential to understand the legal implications and ensure that your marriage is valid according to local laws.
In terms of witnesses, Illinois statutes do not require witnesses to be physically present at the marriage ceremony. However, DuPage County, Illinois, is an exception, as it requires two witnesses to be present. Therefore, if your wedding is taking place in DuPage County, having witnesses via Skype would not fulfill the legal requirement. It's important to have a clear understanding of the local laws and requirements for a valid marriage license in the specific county where the wedding will be held.
While Skype weddings may seem like a convenient option, especially during times of travel restrictions or other challenges, the legality of such ceremonies is questionable. One of the main legal issues with Skype weddings is verifying the identities of all parties involved and the legitimacy of the marriage license. Without physical presence, it can be challenging to ensure that all necessary requirements are met and that the marriage is legally binding.
It's worth noting that, while witnesses may not be required in most parts of Illinois, their role is significant. Witnesses are typically needed to attest to the validity of the ceremony and the consent of both parties. In the absence of a witness requirement, it's even more crucial to ensure that all other legal aspects of the wedding are properly addressed to establish the legality of the marriage.
In conclusion, while there is no explicit ban on having witnesses via Skype for weddings in Illinois, it's important to understand the specific requirements of your county and ensure that all legal aspects of the wedding are properly addressed. Considering the uncertainty surrounding the legality of Skype weddings, it's advisable to seek guidance from a licensed attorney or local government office specializing in marriage licenses and ceremonies. They can provide up-to-date information and help ensure that your wedding is both memorable and legally recognized.
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Frequently asked questions
Skype weddings are not considered legal in Illinois. However, same-sex marriages are legal in the state.
Couples must obtain a marriage license from the county clerk's office and present valid identification with proof of age. Both partners must be eligible to marry, and if either partner is under 18, they must have parental consent.
No, Illinois law requires that a witness must be physically present at the ceremony to execute their duties. However, there is no requirement for witnesses in most counties in Illinois, except for DuPage County, which requires two witnesses.
Yes, you could consider livestreaming your wedding ceremony so that your loved ones can attend remotely while you and the officiant are in the same physical location.
Couples affected by COVID-19 restrictions may consider having a small ceremony now and a larger celebration later. They could also look into virtual wedding planning solutions, but it is important to be mindful of the legal implications and ensure that any chosen option complies with local marriage laws.
