Illinois, like many other states, used to recognize common-law marriages. However, Illinois no longer recognizes common-law marriages formed after January 1, 1998. This means that while those couples who entered into a common-law marriage before that date may still have their marriage legally recognized, new common-law marriages are not legally valid in the state. This is a crucial distinction to understand.
This article will clarify the current legal status of common-law marriage in Illinois and address common questions surrounding this topic.
What is a Common-Law Marriage?
A common-law marriage, also known as an informal marriage, is a marriage that is entered into without a marriage license or formal ceremony. It's established through the couple's mutual agreement to be married, cohabitation, and presenting themselves to others as husband and wife. The exact requirements vary by state, and as previously stated, Illinois no longer permits the formation of new common-law marriages.
What if a Couple Believed They Were in a Common-Law Marriage After January 1, 1998?
If a couple in Illinois cohabitated and believed they were married after January 1, 1998, they are not legally married under Illinois law. Their relationship will be considered an unmarried cohabitating partnership. This has significant implications for issues such as property division, inheritance, and spousal support in the event of a separation or death.
What are the Implications of Illinois's Stance on Common-Law Marriage?
The abolition of common-law marriage formation after 1998 in Illinois significantly impacts legal rights and obligations. Couples who wish to be legally married in Illinois must obtain a marriage license and have a legally recognized ceremony. Failure to do so means they will not be afforded the same legal protections and rights as legally married couples.
How Does Illinois Handle Common-Law Marriages Formed Before January 1, 1998?
Common-law marriages formed before January 1, 1998, are still recognized in Illinois. However, proving the existence of such a marriage can be challenging and often requires significant legal evidence. This evidence might include:
- Testimony from witnesses who can attest to the couple presenting themselves as husband and wife.
- Joint tax returns filed as a married couple.
- Joint bank accounts or other financial documents reflecting a marital relationship.
- Shared residence and documentation of a shared life.
The absence of a marriage certificate requires robust evidence to demonstrate the existence of a common-law marriage formed prior to the cutoff date.
What Happens to Property and Assets in Cases of Unmarried Cohabitation in Illinois?
For couples who cohabitate without being legally married, Illinois will generally consider their assets and property to be individually owned, unless a different arrangement is explicitly established through a written agreement (such as a cohabitation agreement). This contrasts sharply with the automatic marital property division typically seen in divorce cases involving legally married couples.
Can I Still Get Legal Recognition of a Common-Law Marriage in Illinois?
As mentioned earlier, the possibility of gaining legal recognition depends entirely on whether the marriage was established before January 1, 1998. If it was, proving its existence requires substantial evidence, and legal counsel is strongly recommended. After January 1, 1998, no such recognition is possible under Illinois law.
What Should Couples Do to Avoid These Complications?
The best way to avoid the legal complexities surrounding common-law marriage in Illinois is to obtain a marriage license and have a formal marriage ceremony. This ensures legal protection for both parties and prevents future disputes regarding property, inheritance, and other legal matters.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. For specific legal advice concerning common-law marriage or other legal matters in Illinois, consult with a qualified attorney.
