Not every couple is the same. Some couples consider themselves married without going through the formalities. But does Illinois recognize that kind of partnership as marriage? To be legally married in Illinois, a couple must have a license, and someone authorized by the state must solemnize the marriage. However, Illinois does recognize common law marriages from other states. In rare circumstances, Illinois will divorce a couple in a common law marriage if it was formed in another state.
A common law marriage occurs when a couple lives together for an extended period and holds themselves out to family, friends, and community as being married. There is no ceremony, and the couple never signs a marriage license. If a common-law married couple moves to Illinois, they are entitled to the same protections as couples legally married in this state.
This means the couple can divorce in Illinois, and a court can divide their marital assets. However, the couple must establish that:. But what about unmarried couples who live together in Illinois?
Do they have legal rights when property disputes or child custody issues arise after a breakup? This is true even if the couple has children together. Ending a long-term relationship can be complicated, even without children.
A cohabitation agreement is similar to a prenuptial agreement. But keep in mind that a cohabitation agreement cannot set the terms of child support or parenting time, which must be approved by a court. An experienced attorney can help you negotiate a cohabitation agreement and can also help you enforce its terms.
