Common Law Marriage in Illinois
State-specific overview · Family Law
Illinois does not recognize common law marriage created in Illinois, but recognizes valid common law marriages from other states.
How Illinois treats Common Law Marriage
Illinois abolished common law marriage and does not permit couples to establish one within the state. However, Illinois recognizes common law marriages validly created in other jurisdictions under the Full Faith and Credit Clause. A couple with a valid common law marriage from another state will have that marriage recognized in Illinois. Illinois requires a formal marriage license and ceremony for marriages created within the state.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Illinois.