Does Illinois Recognize Common Law Marriage?
Many people have heard of common law marriage. You might even assume that if people have been married for seven years or some other specific number that they are considered married under the law. But is this true? How does Illinois treat this legal issue? Here, we provide answers to your pressing questions.
What Is Common Law Marriage?
Common law marriage occurs when a couple does not go through the formal legal formalities of a marriage ceremony. These marriages are based on the length of the relationship and the couple living together. Where common law marriages are recognized, they are considered legally valid.
People involved in these relationships have the same right to petition their state courts for divorce to have legal matters resolved, such as child custody and alimony. Some states determine the validity of the marriage relationship based on case law and public policy.
Is Common Law Marriage Legal in Illinois?
Common law marriages have been recognized for over 100 years. However, today, they are relatively rare. Additionally, laws permitting domestic partnerships, civil unions, and similar recognitions have largely eradicated the need to recognize such relationships.
A minority of states recognize common law marriage, usually requiring:
- That each spouse has the legal right to marry
- The intention of both parties to marry
- That the couple presents themselves as a married couple
Some states have stricter rules regarding when these relationships will be legally recognized.
Illinois is not one of the handful of states that recognize common law marriages. According to the National Conference of State Legislatures, states that currently recognize common law marriage in some circumstances include the following: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah.
Illinois has not recognized common law marriages as valid since 1905. You must have a valid marriage license to be considered married here. However, the state does recognize such marriages that were legally entered into in other states.
How Common Law Marriage Affects Property Division
Marriage affects property rights, so the lack of marriage can affect them, too. When a couple in Illinois gets divorced, their property is divided between them based on equitable distribution principles. This system splits property equitably – but not necessarily equally – between the spouses.
If a couple is not married, the process of splitting property can be more complicated. Even if the couple has lived together for many years, courts are reluctant to get involved in these situations. There are no automatic legal protections that arise when these long-term couples split up. They may have to decide how to divide their property.
Alternatives to Common Law Marriage
If a couple doesn’t want to get married but wants to protect their property rights, they might enter into a cohabitation agreement. This is a legally binding contract that establishes how the couple will divide finances and property. These contracts do have their limitations, though. For example, you can’t legally determine child custody or child support through them.
Illinois also recognizes civil unions, which provide many of the same legal benefits and protections as marriages.
Contact the Chicago Family Lawyers at KHK Family Law & Divorce Attorneys To Get Legal Assistance Today
If you have recently ended a relationship where you lived together with another person and need legal advice or representation concerning property division, child custody, or child support, a lawyer can help. Contact an experienced divorce and family lawyer for an initial consultation today.
To learn more and get the help you deserve, call our spousal support lawyers or reach out to KHK Family Law & Divorce Attorneys online by visiting our contact us page.
We serve Cook County and surrounding areas in Illinois. You can also visit our offices in Chicago. We are conveniently located in:
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St suite 400, Chicago, IL 60602, United States
(312) 702-0068