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However, if you enter into a common law marriage in a state which recognizes these, then choose to move to a state that doesn’t, your marriage is still valid in that state. This distinction means that your relationship is not held to any specific standard by law and if you do break up, you or your spouse cannot sue for marital rights.
#POST NUPTIAL AGREEMENT ILLINOIS TEMPLATE LICENSE#
Even if you live with someone for years at a time, and take their last name, if you haven’t gotten a marriage license your marriage isn’t recognized by law.
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However, most states, such as Illinois, do not recognize common law marriage. If a couple decides to enter into a common law marriage, in order to separate they must receive a legal divorce. Most couples enter into common law marriage by living together for long periods, taking each other’s last names, filing joint tax returns and other common practices found in marriages. In states that recognize common law marriages, the individuals involved will typically identify themselves as married. So, what is common law marriage? What Is Common Law Marriage?Ĭommon law marriage is a relationship that is recognized as a marriage by the state without the need for an official marriage license. Most states, including Illinois and except for 11 states give or take, don’t recognize common law marriage as legally binding in any form (with a few exceptions).
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If you live in Illinois state it is pretty likely you have no idea what a common law marriage is.