Cecily Zamora
Chicago is located in the state of Illinois, which does not allow common-law marriages. However, Illinois does recognize common-law marriages from other states and affords them the same legal protections as married couples. In these cases, cohabiting partners have the same legal rights as married couples, including the right to divorce and divide assets. Unmarried couples in Illinois do not have the same legal protections as married couples, and in the event of a separation, the resolution process can be more complicated.
| Characteristics | Values |
|---|---|
| Common law marriage in Illinois | Not legal |
| Common law marriage in other states | Recognized in Illinois |
| Cohabitation agreements | Available in Illinois |
| Domestic partnerships | Available in some cities and towns in Illinois |
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What You'll Learn
Illinois does not recognise common-law marriages
However, Illinois courts will recognise common-law marriages from other states in certain circumstances. If a couple has a valid common-law marriage in another state, Illinois will generally recognise it as long as the couple can prove that they met the requirements for common-law marriage in that state. This means that if a couple moves to Illinois from a state where common-law marriage is recognised, they will have the same rights and protections as a married couple in Illinois. This includes the right to divorce, with all the associated legal implications, such as disputes over child custody and property division.
It is worth noting that simply living together as a couple for seven years or more does not constitute a common-law marriage in Illinois. There are other factors that courts consider when determining the existence of a common-law marriage, such as whether the couple held themselves out to family, friends, and the general public as "being married," whether they took each other's last names, whether they signed contracts together for significant purchases, and whether they filed joint tax returns or had joint bank accounts.
Unmarried couples in Illinois who wish to protect their rights can enter into a cohabitation agreement, which is a legal contract outlining each partner's rights and responsibilities. This can help protect assets and clarify how things will be handled if the relationship ends, although it does not cover all aspects of a traditional marriage, such as alimony or child custody.
In summary, while Illinois does not allow its residents to enter into common-law marriages, it will recognise valid common-law marriages from other states and provide those couples with the same rights and protections as married couples in Illinois. For unmarried couples in Illinois, a cohabitation agreement can help protect their rights and responsibilities.
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Common-law marriages from other states are recognised in Illinois
While common-law marriages are not recognised in Illinois, the state does recognise common-law marriages that originated in other states. This "double standard" can create problems for those who end a cohabitation arrangement or seek to marry formally after ending a recognised common-law relationship.
For a common-law marriage to be recognised in Illinois, the couple must show that:
- The state from which they moved recognises common-law marriage.
- They met that state's common-law marriage legal requirements.
- They did not divorce in another state.
Couples who entered into a common-law marriage in another state and then moved to Illinois can receive the same protections as married couples. This means disputes over child custody and property division are handled in almost the same way they would be for a legally married couple.
If a couple in a common-law marriage recognised by another state wishes to divorce in Illinois, they can do so if they can prove they meet the requirements of common-law marriage in that state. For example, a couple who lived in Kansas for ten years and met the legal requirements of the state of Kansas for common-law marriage can ask that the state of Illinois divide their assets like it would in any other divorce.
However, it is important to note that it can be difficult to prove the existence of a common-law marriage in court, even in states where it is legal. In practice, unless there is overwhelming evidence, it is unlikely to be recognised. Therefore, it is essential to find and safeguard any evidence that will prove the existence of a common-law marriage and to consult an experienced Illinois family law attorney to ensure legal rights are protected.
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Requirements for common-law marriages to be recognised in Illinois
Common-law marriages are not recognized in Illinois. However, in certain circumstances, the state will recognize common-law marriages that were established in other states.
For a common-law marriage to be recognized in Illinois, it must have been valid in another state. In other words, the couple must have met the requirements for a common-law marriage in that state. This includes requirements such as living together for a specific amount of time, having the legal right to marry, intending to marry, and acknowledging each other as spouses.
To prove a common-law marriage, couples may need to provide evidence such as joint tax returns, joint bank accounts, or documentation of significant purchases made together, such as a home or car. They may also need to show that they have publicly referred to each other as spouses or that one partner has taken the other's last name.
It is important to note that simply living together is not enough to qualify a relationship as a common-law marriage in Illinois or any other state. Additionally, unmarried couples in Illinois do not have the same legal rights as married couples, and common-law marriages are not automatically recognized or protected in the state.
If a couple with a common-law marriage from another state moves to Illinois, they may receive the same protections as married couples in areas such as child custody and property division. However, they may need to take extra steps to prove the validity of their common-law marriage in the previous state.
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Rights of unmarried couples in Illinois
Illinois does not allow common-law marriages, abolishing them in 1905. However, Illinois courts will recognize common-law marriages from other states in certain circumstances. For instance, if a couple lived in Kansas for ten years and met the requirements for a common-law marriage there, they could ask Illinois to divide their assets as it would in a divorce.
In Illinois, unmarried individuals are legally considered single. This means that all personal property, including pets, belongs to the individual and not the couple. When purchasing property together, both partners must be listed on the deed to have ownership rights. There are two options for unmarried couples who want to purchase property together: joint tenants and tenants-in-common. With a tenants-in-common agreement, each partner has a specified percentage of ownership of the property, and if one partner dies, their interest is added to their estate.
Unmarried couples in Illinois do not have any built-in legal protections, and there are no automatic legal protections provided for unmarried couples by Illinois law. The Illinois Supreme Court ruled in 2016 that unmarried couples have no legal rights to one another's property. However, if an unmarried couple has children, the custodial parent has a right to receive child support from the non-custodial parent. In a married couple, both parents may be awarded joint custody of the child. In an unmarried couple, the mother will have sole custody of the child unless the father establishes paternity and asks a court for an award of custody. Once paternity is established, either parent can be ordered to pay child support.
Cohabitation agreements are an option for unmarried couples in Illinois to establish legal rights. These agreements are similar to prenuptial agreements but do not require an actual marriage to be recognized by the courts. There are limitations to cohabitation agreements, especially regarding children.
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Cohabitation agreements in Illinois
Cohabitation, or a situation in which two people in a romantic relationship live together in the same household but are not married, is an increasingly common trend in today’s society. In Illinois, cohabitation is a form of living together in an intimate relationship recognized by law.
However, Illinois is one of the few states that does not legally recognize common-law marriages and their attendant property rights. Common-law marriage was abolished in Illinois by statute in 1905. Illinois law states: “Common law marriages contracted in the state of Illinois after June 30, 1905, are invalid.”
In Illinois, as in most states, you are not considered legally married simply because you lived with another person for a set period of time. Only seven states and the District of Columbia now recognize common-law marriage. In Illinois, there are no common-law marriage options, meaning unmarried couples do not have “marriage-like” rights with respect to financial support or property, even if they have lived together for several years.
The Illinois Supreme Court ruled in 1979 that an unmarried person has no legal right to their partner’s property if the relationship terminates. This ruling was upheld in 2016. The Illinois Marriage and Dissolution of Marriage Act states that Illinois will only recognize a common-law marriage if it was legally entered into in another state and the couple later moves to Illinois.
Cohabitation agreements are contracts between two people living together who do not intend to be married. They are similar to prenuptial agreements in that they spell out how property or assets shared by the couple will be divided if the relationship ends. They may also address more personal matters, such as custody arrangements if children are involved, although this is not the case in Illinois.
Cohabitation agreements are limited in Illinois. They must be restricted to things like property or other assets. Furthermore, an Illinois court may be reluctant to enforce such an agreement given the rulings mentioned above. Nevertheless, a cohabitation agreement is a valid option for unmarried couples looking to cohabitate and share property. It allows the parties to protect their interests and set the terms for how property is to be jointly owned.
It is important to note that cohabitation agreements are not legally binding in Illinois, and the state has traditionally refused to enforce them. This is based on the view that marriage should be supported because it promotes procreation, and living arrangements competitive with marriage should be discouraged. However, the recent passage of the Illinois Religious Freedom Protection and Civil Union Act calls this policy into question.
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Frequently asked questions
No, Chicago does not recognise common-law marriage.
A common-law marriage is a way of affording legal protections to unmarried individuals who share responsibilities as a married couple might. Typically, a couple must live together for a specific amount of time, have the legal right to marry, intend to marry, and acknowledge each other as husband and wife.
Yes, Illinois does recognise common-law marriages from other states. However, the couple must show that the state from which they moved recognises common-law marriage and that they met that state's legal requirements.
In Illinois, cohabiting couples have no legal rights to one another's property. However, if the couple has children, the custodial parent has the right to receive child support from the non-custodial parent. Cohabiting couples can also enter into a cohabitation agreement, which is a legal contract outlining each partner's rights and responsibilities.
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