Interestingly, Illinois does not recognize common law marriage (i.e., when two people cohabitate and hold the other out as a spouse for a certain period of time); however, Illinois WILL recognize a common law marriage in other state if that couple then moves to Illinois and then wants a divorce. Importantly, this doesn’t affect child support if there are kidlets involved — unmarried parents can seek his or her rights under 750 ILCS 5/214.
Additionally, couples that live together in Illinois but are unmarried can consider cohabitation agreements that can discuss promises while the two live together (e.g., payment of rent or utilities) and break-up procedures (e.g., division of pets and joint financial assets).
Rincker Law, PLLC is prepared to help couples with cohabitation agreements or a divorce if their common law marriage is recognized in another state.