Can a 16- and 18-Year-Old Marry in Illinois? Only With Court Approval

No—not without judicial intervention.

Illinois law (750 ILCS 5/203) sets the minimum marriage age at 18. However, exceptions exist:

• Age 16 or 17: May marry with both:
  1. Written consent of both parents/legal guardians (or sole custodial parent)
  2. Court order from a circuit court judge finding marriage is in the minor's best interest
• Under 16: Cannot marry under any circumstances (since 2017 reform)

Process: Petition filed in county court → hearing → judge evaluates maturity, voluntariness, no coercion, understanding of responsibilities → order issued → license issued.

Practical reality: Courts rarely approve; strong presumption against minor marriage. The 18-year-old partner could face statutory rape charges if sexual activity occurred before marriage (IL age of consent = 17, with close-in-age exemption for <5 years).

Consult a family law attorney for case-specific guidance.