Illinois, like many states, has a complex history with common-law marriage, often referred to as informal marriage or informal unions. The short answer is: no, Illinois does not currently recognize common-law marriages. However, understanding the past and present legal landscape is crucial, particularly for those who believe they were in such a union.
This article will explore the legal history of common-law marriage in Illinois, the current legal standing, and what to consider if you believe you were in a common-law marriage.
What is Common-Law Marriage?
Before delving into Illinois's specific situation, let's define common-law marriage. It's a marriage that occurs without a formal ceremony or license. Instead, it's based on the couple's agreement to be married, cohabitation, and presenting themselves to others as a married couple. Crucially, the intent to be married must be present. The requirements vary widely by state—some states have abolished common-law marriage altogether, while others maintain it under specific circumstances.
When Was Common-Law Marriage Legal in Illinois?
Illinois did recognize common-law marriages before January 1, 1990. After that date, the state explicitly outlawed the creation of new common-law marriages. It's important to understand this date, as it significantly impacts any legal claims related to such unions.
Are Common-Law Marriages from Before 1990 Still Valid in Illinois?
Yes, common-law marriages formed before January 1, 1990, are still legally recognized in Illinois. However, proving the existence of such a marriage can be challenging. Strong evidence is necessary to demonstrate the couple's intent to be married, cohabitation, and public representation as a married couple. This evidence might include:
- Witness testimony: Statements from individuals who knew the couple and can attest to their representation as husband and wife.
- Financial records: Joint bank accounts, tax returns filed jointly, or insurance policies listing both partners as spouses.
- Legal documents: Deeds, wills, or other official papers referring to the couple as husband and wife.
- Photographs: Pictures depicting the couple with family and friends, where they are presented as married.
What Happens if I Believe I Was in a Common-Law Marriage Before 1990?
If you believe you were in a valid common-law marriage in Illinois before 1990, seeking legal counsel is crucial. An experienced family law attorney can help you gather the necessary evidence and navigate the legal processes involved in establishing the validity of your marriage. This is essential for matters involving:
- Property division: Determining the rightful ownership of assets acquired during the marriage.
- Spousal support: Securing financial assistance.
- Inheritance rights: Establishing your rights to inherit property from your deceased partner.
How Do I Prove a Common-Law Marriage in Illinois?
Proving a common-law marriage, even one formed before 1990, requires substantial evidence. The burden of proof lies on the individual claiming the marriage existed. This is not a simple process and requires careful documentation and legal expertise. Collecting and presenting compelling evidence is vital to a successful outcome.
What are the Consequences of a Failed Claim of Common-Law Marriage?
Attempting to prove a common-law marriage without sufficient evidence can lead to legal setbacks and financial costs associated with legal representation. It's critical to carefully consider your evidence and seek legal advice before proceeding.
Conclusion
While Illinois no longer allows the formation of common-law marriages, those established before January 1, 1990, remain legally recognized. However, proving the existence of such a marriage necessitates strong evidence and legal expertise. If you believe you were in a common-law marriage before 1990, consult a qualified family law attorney to assess your situation and explore your legal options. This information is for general guidance only and should not be considered legal advice. Always consult with a legal professional for personalized advice related to your specific circumstances.
