If you are going through a divorce and have lived with your spouse for some time without being legally married, you may have heard of “common law.” This is especially true if you already have children with your spouse.
So, does Illinois recognize common law marriage? The simple answer is that there are no common law marriages in Illinois. That being said, Illinois does acknowledge common-law marriages created in different states.
However, if your union was recognized as a marriage by another state’s laws, then Illinois sees it this way too. With this in mind, let us discuss the meaning of common law marriage and how it deals with such unions from elsewhere during divorce cases.
What is Common Law Marriage?
When common law marriages are recognized by the states, the state will usually regard a couple’s union as a marriage only if such was their intention. In addition, both parties should conform to the legal age for marriage as provided under state laws and should not be in matrimony with anyone else.
Moreover, the parties need to present themselves publicly as being wedded. This can be achieved through wearing wedding rings, maintaining joint bank accounts and calling one another husband and wife.
Presently, there are just eight states that allow for common law marriage among its citizens which includes: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Texas and Utah respectively.
How Does Illinois Handle Divorce in Common Law Marriages?
In Illinois, couples who have entered into a common-law marriage from another state can still get divorced in this jurisdiction and have their properties shared like any other officially married individuals. The spouses must prove two things:
- First, that they satisfied the common law marriage requirements of their former state.
- Second, that they have not previously divorced each other.
Are There Unmarried Couples’ Rights in Illinois?
In 2016, the Illinois Supreme Court ruled that there is no right to property for unmarried couples who end their cohabitation regardless of whether they have any children from their relationship or not.
The two partners may decide on cohabitation to encompass how they will share living expenses during their time together and also what may happen to these properties at the time of separation or divorce proceedings.
This however does not affect child support and visitation rights that are sanctioned by law.
How Can a Common Law Marriage be Legally Ended in Illinois?
To dissolve a common law marriage in Illinois;
- The couple must provide evidence that proves the marriage meets state requirements and also go through the formal divorce process.
If you have lived in any of the eight states that allow common law marriage before such as Iowa, Colorado etc., an option exists for you to retain half of the property obtained during the relationship when you move to Illinois.
The most vital thing is to find and protect any documents showing that there was a common-law matrimony to submit in front of the court. You must also arrange for a meeting with a knowledgeable Illinois family law attorney so that your rights are safeguarded.
If contemplating splitting assets from one state’s common law marriage, The couple must show legal proof that their relationship meets Illinois regulations if they want to legally end their common-law marriage.
Key Information
- Do not give up on preserving all property belonging to you before moving to Illinois from another state where informal unions were permitted before.
- Find and keep all possible paperwork related to your civil partnership at least until its aspects become clear; such information can serve as evidence of your civil union in court proceedings later down the line if ever required
FAQs
What is a common law marriage?
Common law marriage works as a formal union which does not need any marriage licenses or formal lawful papers. It normally includes living in the same house, having common resources and showing themselves to others as though they are wedded as husband and wife.
Is common law marriage recognized in Illinois?
Well, there is no official recognition of common law marriages in Illinois. Common law marriage was abolished in 1905. Lawfully married individuals in Illinois must get a marriage license and look for sanctioned officiants to perform their wedding ceremony/church engagement sessions.
How long do you have to live with your partner to be common law in Illinois?
Unfortunately, Illinois has no common recognized law marriage no matter how long you have been residing together.
What is the rehabilitation law in Illinois?
The cohabitation law in Illinois is not legally binding. In the case of a breakup, there are no legal protections for couples living together in Illinois and neither party has any legal claim to the other’s property.
