Is There Common Law Marriage in IL?
Common law marriage is a concept that creates legal recognition for a couple’s relationship without the need for a marriage license. If you are in a long-term, committed relationship in Illinois, it is important to understand how state laws affect your rights and responsibilities as a couple.
What is Common Law Marriage?
Common law marriage allows a couple to be recognized as legally married without the formalities of obtaining a marriage license or having a ceremony. States that recognize it typically require that the couple:
- Live together for a certain period of time.
- Consider themselves married and present themselves as married to others.
- Meet the state’s legal requirements for marriage, such as being of legal age and not already married to someone else.
Common law marriage has allowed many couples to secure marital rights, but it is not universally recognized nationwide.
Does Illinois Recognize Common Law Marriage?
Illinois does not recognize common law marriages entered into within the state. This means that couples in Illinois cannot acquire marital rights and responsibilities simply by living together or holding themselves out as married. However, Illinois does recognize common law marriages that were legally established in other states. A couple that meets the requirements for common law marriage in another state that recognizes it but then moves to Illinois may be able to get their relationship recognized as valid and legally binding under Illinois law.
Why Does Illinois Not Recognize Common Law Marriages?
Illinois abolished common law marriage over 100 years ago. The primary reason is to reduce legal disputes over whether a couple was truly married. Formalizing marriage through a license and ceremony provides evidence of a relationship, which makes it easier to address issues such as property division, inheritance, and spousal support in the event of separation or death.
What Are Your Legal Rights as an Unmarried Couple in Illinois?
Illinois does not recognize common law marriage, but unmarried couples still have certain legal protections and options to formalize parts of their relationship. These include:
- Cohabitation Agreements: Unmarried couples can create a cohabitation agreement. This is a legal contract that outlines the rights and responsibilities of each partner regarding property, finances, and other shared matters. This can help prevent disputes in the event of a breakup.
- Parental Rights: Illinois law provides a framework for determining parental responsibilities, child custody, and child support if you and your partner have children. These issues are handled similarly for married and unmarried couples. A Chicago child custody or child support lawyer can help.
- Property Ownership: Unmarried couples do not have the same property rights as married couples. You should have clear agreements about property ownership and what happens if the relationship ends. Holding property as joint tenants or tenants in common can provide legal clarity.
- Healthcare and Financial Decisions: Unmarried partners do not automatically have the right to make healthcare or financial decisions for each other. You need to create a power of attorney or advance directives to grant your partner these rights if you wish for them to make certain decisions on your behalf.
- Inheritance Rights: Unmarried partners in Illinois do not have inheritance rights unless they are specifically included in a will or estate plan. You should create an estate plan if you wish for your partner to inherit property from you after your death.
In conclusion, while Illinois does not recognize common law marriage, unmarried couples can still protect their rights and ensure clarity in their relationship through legal measures.
Contact the Chicago Family Lawyers at KHK Family Law & Divorce Attorneys To Get Legal Assistance Today
Navigating the legal landscape as an unmarried couple in Illinois can be challenging. Understanding your rights and options is essential to protecting your relationship and future, especially if you are unmarried. An experienced Illinois family lawyer can help you create cohabitation agreements, establish parental rights, and address other matters. Whether you are considering formalizing your relationship through marriage or protecting your rights, a family law attorney can help.
To learn more and get the help you deserve, call our family law 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