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I live in the state of illinois i have been living with the mother of my kids for 5 years our relationship is an on and off thing does this makes us legaly married?

2006-07-06 06:40:07 · 21 answers · asked by ludicrous_male 1 in Family & Relationships Marriage & Divorce

21 answers

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. That law is no longer in effect so you are NOT legally married.

2006-07-06 06:49:57 · answer #1 · answered by EB&Js 2 · 0 1

Cohabitation Agreements: Although Illinois courts will not recognize a common law marriage, you can still draw up a valid contract that will determine how property will be divided and whether either "spouse" should pay money to the other. Sex, however, may not be a part of the deal. An awful lot of people are "living together" these days; an apparent backlash to what are seen by some as draconian property division and financial support provisions of the divorce laws. If you're thinking about moving in with someone, or are already living together, do yourself a favor and have an attorney prepare a cohabitation agreement. Breaking up is hard and to do and dividing the property and sorting out the bills is nearly impossible – a good cohabitation agreement will help minimize conflict if there are problems and will help you and your partner focus on the aspects of the relationship that are more important than money.

ANNULMENT: In Illinois an annulment is referred to as a Declaration of Invalidity of Marriage. The court makes it as if the parties were never married. There are only a few situations that warrant a Declaration of Invalidity and they each have a fairly short time limit after the marriage ceremony within which a case must be filed. (10) If you let the deadline pass, you give up your right to a Declaration of Invalidity and you'll have to stay married or seek a Legal Separation or a divorce.

2006-07-06 06:55:28 · answer #2 · answered by jaimestar64cross 6 · 0 0

Do the research. It depends on the state you live in. You may have whats called a common law marriage. And seriously, whats up with not getting married if you are living like it anyway? My best friends mom lived with a guy for 9 freakin years. Thought they didnt need to get married. Just a piece of paper right? Wrong. He got into drugs, moved in with some "withches" and just up and left with no explanation. Because they didnt have that piece of paper, my friends mom was left high and dry with his bills and with a broken heart. I say, sh*t or get off the pot!

2006-07-06 06:45:55 · answer #3 · answered by Anonymous · 0 0

If you guys live together and its on and off then its not a legal marriage unless you actually got married.

2006-07-06 06:43:53 · answer #4 · answered by cherylx08 1 · 0 0

Does Illinois practice common law marriages?

2006-07-06 06:47:35 · answer #5 · answered by ntoriano 4 · 0 0

No you have to get a marriage license to make it legal.

2006-07-06 06:44:07 · answer #6 · answered by courtney m 3 · 0 0

What you're asking about is "Common Law Marriage" -- California has such a thing, but other states may not. You'll have to contact the state to be sure.

2006-07-06 06:54:26 · answer #7 · answered by daveowenville 4 · 0 0

No.. common law marriage is at least 7 years with documentation (utility bills in both names or at least the same residence)

Each state is different

2006-07-06 06:43:28 · answer #8 · answered by Southern Belle 2 · 0 0

i know in indiana it used to be 7 years what they called legally married but they did away with that. So i would call your city that you live in and find out.

2006-07-06 06:44:03 · answer #9 · answered by lil_e_4ever 2 · 0 0

i dont know about the state of illinois. go ask the court assistance office in the court house or a lawyer. or look up laws in that state about common marriage.

2006-07-06 06:43:05 · answer #10 · answered by ziggunerin 4 · 0 0

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