Are you legally married after 7 years in Illinois?

Answered by Robert Flynn

In Illinois, it is important to note that there is no provision for common law marriage. Regardless of how long a couple has been living together, they will not be considered legally married under the common law marriage doctrine. This means that simply cohabiting for 7 years or any other amount of time does not automatically grant you the legal rights and responsibilities of a married couple.

It is crucial to understand that common law marriage is not recognized in Illinois. However, it is important to note that some other states do recognize common law marriage if certain criteria are met. But as for Illinois, the concept of common law marriage is not legally recognized.

To clarify, common law marriage is a legal doctrine that allows a couple to be considered married without having a formal marriage ceremony or obtaining a marriage license. Instead, the couple must meet specific requirements, such as living together for a certain period of time, presenting themselves as a married couple, and intending to be married. However, Illinois does not acknowledge this concept.

It is important to be aware of this fact because there can be misconceptions and myths surrounding common law marriage. Some people believe that after living together for a specific duration, such as 7 years, they will automatically be considered legally married. However, this is not the case in Illinois.

Without a formal marriage, couples who have been cohabiting do not have the same legal rights and protections as married couples. For example, they may not be entitled to inherit from each other, have spousal support rights, or have certain property rights that married couples enjoy. Additionally, in the event of a separation or breakup, the division of assets and debts may be more complex for unmarried couples.

It is worth mentioning that while Illinois does not recognize common law marriage, there are other legal avenues for couples to establish legal rights and protections. For example, couples can enter into a domestic partnership or create legal agreements, such as cohabitation agreements or property agreements, to outline their rights and responsibilities.

It is important to understand that living together for 7 years or any other duration does not make you legally married in Illinois. Common law marriage is not recognized in the state, and the idea that a certain period of cohabitation automatically grants you married status is a myth. If you wish to have the legal rights and protections of marriage in Illinois, you must go through the formal process of obtaining a marriage license and having a marriage ceremony.