In the state of Illinois, the only way to get legally married is by obtaining a marriage license and having a legal ceremony before a duly appointed officiant. However, other states still allow for the practice of common-law marriage, and if a couple moves to Illinois after being married under common law in another state, Illinois will recognize that marriage as legal. Regardless of how a couple was legally married, the only way to end a marriage in Illinois is through the legal process of divorce, and this can raise some unique complications for couples with common-law marriages.
Illinois and Common-Law Marriage
Generally, a common-law marriage is a situation in which the couple holds themselves to be married in public, has lived together for a substantial amount of time, and has acted in ways typical of a legally married couple, such as owning property together, filing taxes jointly, or taking the partner’s last name. This list of states that still allow such marriages is small, but in those states, a couple that becomes married under common law has the same benefits and responsibilities as a couple who was formally married in a legal ceremony. These benefits and responsibilities can be upheld even when the couple moves to a state such as Illinois that does not allow common-law marriage.
Divorce After a Common-Law Marriage
While some states have common-law marriages, there is no such thing as a common-law divorce in any state. This means that a divorce must take place through the court system. If you met all the requirements for a common-law marriage in another state and then moved to Illinois, you would need to follow Illinois’s legal process for getting a divorce if you wish to end your marriage. Keep in mind that you must reside in Illinois for at least 90 days in order to file for divorce in Illinois.