How Long Is Common Law Marriage in Illinois?

Common law marriage is a type of informal marriage that is recognized in some states, including Illinois. Unlike a traditional marriage, common law marriage does not require a formal ceremony or marriage license. Instead, it is established by the actions and intentions of the couple involved. However, it is important to note that common law marriage is not recognized in all states, and each state has its own requirements and regulations regarding its duration and recognition.

In Illinois, common law marriage is recognized, but only if it was established before January 1, 2016. After this date, the state no longer recognizes new common law marriages. For a common law marriage to be valid in Illinois, the couple must meet certain criteria. They must:

1. Have the capacity to consent to the marriage: Both parties must be of legal age, sound mind, and not closely related by blood.

2. Have the intent to be married: The couple must have a mutual agreement to be married and hold themselves out as a married couple to society.

3. Live together continuously: The couple must live together as if they were married. Merely dating or cohabitating is not sufficient to establish a common law marriage.

4. Present themselves as married: The couple must hold themselves out as married by referring to each other as spouses, using the same last name, and filing joint tax returns.

If these criteria are met, the couple is considered to be in a common law marriage in Illinois. It is important to note that while common law marriage is recognized in the state, it does not grant the same legal rights and protections as a formal marriage. For instance, common law spouses are not entitled to the same property rights or benefits upon divorce or death as legally married couples.

FAQs:

1. Is common law marriage still valid in Illinois?
No, common law marriage is only recognized if it was established before January 1, 2016.

2. How long do you have to live together to be considered common law married in Illinois?
There is no specific duration required. The couple must live together continuously and present themselves as married to society.

3. Can common law spouses file joint tax returns in Illinois?
Yes, common law spouses can file joint tax returns if they meet the criteria for a common law marriage.

4. Are common law spouses entitled to spousal support?
Common law spouses in Illinois are not automatically entitled to spousal support. However, they may seek support if they can prove they meet the criteria for a common law marriage.

5. Can common law spouses inherit property in Illinois?
Common law spouses do not have the same inheritance rights as legally married spouses. However, they may be able to claim a share of the estate through other legal avenues.

6. Can common law spouses adopt children together in Illinois?
Yes, common law spouses can adopt children together in Illinois if they meet the state’s adoption requirements.

7. Are common law spouses eligible for health insurance benefits?
It depends on the specific health insurance policy. Some policies may extend coverage to common law spouses, while others may not.

8. Can common law spouses file for divorce in Illinois?
Yes, common law spouses in Illinois can file for divorce if they meet the criteria for a common law marriage.

9. Can common law spouses change their last names?
Yes, common law spouses can change their last names if they meet the criteria for a common law marriage. However, it is not mandatory.