What is the Difference Between a Marriage License and a Marriage Certificate?

When couples initiate their divorce process, they must first file a Petition for Dissolution of Marriage to initiate a divorce proceeding within the court system. Under 750 ILCS 5/403 of the Illinois Marriage and Dissolution of Marriage Act, the Petition for Dissolution of Marriage includes the following information:

• Age, occupation, residence, and length of residence in the state;
• Date of the marriage and place it was registered;
• Whether a Petition for Dissolution of Marriage is pending in another county or state;
• Jurisdictional requirements and that irreconcilable differences caused the irretrievable breakdown of the marriage;
• Names, ages, and addresses of all living children of the marriage and whether a spouse is pregnant;
• Arrangements for support, allocation of parental responsibilities, and maintenance; and
• Relief that is being sought.

A valid marriage is recognized between two people who are licensed, solemnized, and registered in the state (750 ILCS 5/201). The Department of Public Health prescribes the necessary forms for couples to enter into a legally recognized marriage. Knowing the difference between a marriage license and marriage certificate is important when verifying your marital status.

Marriage License

A marriage license proves that a couple is legally allowed to proceed with their marriage. Marriage licenses include the following information, as defined under 750 ILCS 5/202:

• Name, gender, occupation, address, social security number, and date and place of birth;
• Name, date, place, and court in which a former marriage was dissolved or declared invalid, or the date and place of death of the former spouse;
• Name and address of each person’s parents or guardians; and
• Whether the couple is related, and if so, what kind of relationships the couple has.

Pursuant to 750 ILCS 5/203, in order to be legally allowed to marry, the following requirements must be met:

• Satisfactory proof that each person will be 18 years old by the time the marriage license is effective or will be 16 years old with parental consent or judicial approval;
• Satisfactory proof that marriage is not prohibited; and
• Affidavit or record of the above.

In Illinois, couples are required to obtain a marriage license in the county in which they plan to get married. In Cook County, the marriage license is $10 and must be obtained between one to sixty days before the couple’s wedding ceremony. A marriage license becomes effective in each county one day after it has been issued and expires after sixty days. A marriage license does not prove that you and your spouse are married, but it shows that you are allowed to get married.

Marriage Certificate

The date that is included on the Petition for Dissolution of Marriage appears on the marriage certificate. A marriage certificate is issued after a wedding ceremony, and it proves that the couple is legally married to each other. However, marriage certificates are not automatically sent to the couple. In Cook County, a marriage certificate is sent to couples upon request after the judge or officiant performing the wedding ceremony completes and signs the marriage license and returns it to the Clerk’s office to be recorded.

After the marriage certificate is received, the County Clerk registers the marriage. Once the marriage is registered, the clerk submits a report to the Department of Public Health within forty-five days. Marriage certificates remain at the Department of Public Health for verification and certified copies. Pursuant to 750 ILCS 5/210, this report is made on a form and substantially consists of the following information:

• A copy of the marriage license application that is signed and attested by the applicants;
• The date and place of the marriage; and
• The marriage license number.

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