Illinois Family Law: Common Law Marriage

Rincker Law Family/Matrimonial Law Leave a Comment

romantic happy young multiethnic couple enjoying morning coffee by the window in their luxury homeInterestingly, 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.

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