What Is Common Law Marriage in Illinois?
Common law marriage is a type of relationship where a couple is considered to be married even without a wedding ceremony and a marriage license. Instead of formalizing their union, couples must meet certain requirements to be recognized as legally married.
In states that allow common law marriage, these requirements often include:
- Living together for a specific amount of time
- Presenting themselves as a married couple to family, friends, and the public
- Intending to be married
If a couple qualifies, they have the same legal rights and responsibilities as couples who go through a traditional marriage process. This includes property rights, inheritance, and spousal support in case of a separation.
Does Illinois Allow Common Law Marriage?
No, Illinois does not recognize common law marriage. Even if you have lived together for years and act like you’re married, you won’t be considered legally married in the state.
However, there is one exception. If you establish a common law marriage in a state that allows it and then move to Illinois, your marriage might still be recognized.
Why Doesn’t Illinois Recognize Common Law Marriage?
Illinois abolished common law marriage in 1905 to simplify the legal system. By requiring couples to get a marriage license and hold a ceremony, the state wants to ensure there’s clear proof of marriage.
This rule also helps prevent disputes. For example, if a couple splits up, it can be difficult to prove whether they were in a common law marriage. This could lead to complicated legal battles over property and financial support.
Requiring formal marriages eliminates this confusion and protects everyone involved.
What Are the Alternatives to Common Law Marriage in Illinois?
Even though Illinois doesn’t allow common law marriage, there are other ways for unmarried couples to protect their rights.
Cohabitation Agreements
A cohabitation agreement is a legal contract that outlines each partner’s rights and responsibilities. This can help protect your assets and clarify how things will be handled if your relationship ends.
For example, a cohabitation agreement can address:
- Who owns shared property
- How bills and expenses will be divided
- What happens to joint accounts or assets if the relationship ends
Having this agreement in place can save time and stress later. However, these agreements are limited in scope and only cover property and financial matters (not alimony or child custody, for example).
Domestic Partnerships
Some cities and towns in Illinois allow domestic partnerships, though there is no statewide law. Registered domestic partners may receive benefits like health insurance or hospital visitation rights.
Getting Married
If you want the full legal rights of marriage, the best option is to get married. In Illinois, this requires:
- Getting a marriage license from your local county clerk’s office
- Holding a ceremony officiated by a qualified person
Marriage provides automatic legal protections, such as property rights and spousal support.
How Are Disputes Resolved for Unmarried Couples?
Unmarried couples in Illinois don’t have the same legal protections as married couples. If you separate and there’s a disagreement, the resolution process can be more complicated.
Here’s how some common issues are handled:
- Property Disputes: The person whose name is on the deed or title usually keeps the property. If both names are on it, ownership is shared.
- Financial Disagreements: Unless there’s a written agreement, it can be hard to recover money spent during the relationship.
These matters often have to be settled in civil court, which can be time-consuming and costly. A cohabitation agreement can help prevent these problems.
Contact the Chicago Family Lawyers at KHK Family Law & Divorce Attorneys To Get Legal Assistance Today
To learn more and get the help you deserve, call our family 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