What is a common law marriage?
The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/214) states that common law marriages contracted in Illinois after June 30, 1905 are invalid. A common law marriage was traditionally when a man and a woman lived together and held themselves out to the world as husband and wife for a certain period of time (such as seven or 14 years), and the law of the state in which they resided recognized them as husband and wife despite the lack of the formal legalities of marriage.
In a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following: • live together for a significant period of time (not defined in any state) • hold themselves out as a married couple — typically this means using the same last name, referring to the other as “my husband” or “my wife,” and filing a joint tax return, and • intend to be married. When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage. For information about other legal unions, such as domestic partnership and traditional marriage, see Marriage Laws in Your State
In a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following: • live together for a significant period of time (not defined in any state) • hold themselves out as a married couple — typically this means using the same last name, referring to the other as “my husband” or “my wife,” and filing a joint tax return, and • intend to be married. When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.
Related Questions
- May a Qualified Beneficiary add a person as a dependent as a result of marriage or birth while covered under COBRA continuation coverage?
- What to do if husband treats me and our daughter like an outsider, when it comes to his family?
- Is marriages as cherished as they used to be? Or even close to what they should be?
