If you are getting a divorce and have never been married – but have lived with your partner for many years, and may even have children together – you may have heard about “common law” marriages and wonder whether they exist in Illinois. The short answer is: No, Illinois does not allow common law marriages to take place in the state. However, Illinois does recognize common law marriage from other states. In this article, we will discuss what common law marriage is, and how common law marriages from other states are handled in an Illinois divorce.
What Is Common Law Marriage?
In states where common law marriages are legal, the state will generally treat a couple’s relationship as if it were a marriage if that is what the couple has done themselves. Couples must meet the state’s laws governing marriage, such as minimum age restrictions, and cannot be married to anyone else.
Couples must also present their relationship to the public as a married relationship. They can do this by wearing wedding rings, sharing bank accounts, and referring to each other as husband and wife.
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