Prohibited Marriages

What is a prohibited marriage in Illinois?

Illinois Marriage and Dissolution of Marriage Act
Lists the following as prohibited marriages

 (1) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;

(2) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption;

(3) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood;

(4) A marriage between cousins of the first degree; however, a marriage between first cousins is not prohibited if:

a) Both parties are 50 years of age or older; or

b) either party, at the time of application for a marriage license, presents for filing with the county clerk of the county in which the marriage is to be solemnized, a certificate signed by a licensed physician stating that the party to the proposed marriage is permanently and irreversibly sterile;

(5) A marriage between 2 individuals of the same sex.

Some prohibited marriages, as in the case of a bigamous marriage, may become valid marriages once the previous marriage has been legally dissolved; providing the parties continue to live together as a couple.

Any children born or adopted of a prohibited marriage remain the lawful children of both parties

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