No, Illinois does not recognize common law marriage established after June 30, 2014. The state abolished new common law marriages via the Illinois Marriage and Dissolution of Marriage Act, though pre-2014 unions remain valid if proven by clear and convincing evidence. Courts require cohabitation, mutual agreement, and public reputation as spouses to validate such claims.
Key Regulations for Common Law Marriage in Illinois
- Statutory Bar: 750 ILCS 5/212 explicitly prohibits new common law marriages formed after June 30, 2014, aligning with the Illinois General Assembly’s 2013 amendments.
- Proof Requirements: For pre-2014 cases, claimants must demonstrate cohabitation, mutual intent to be married, and public representation as spouses through affidavits, joint financial records, or sworn testimony.
- Local Enforcement: Cook County Circuit Courts adhere to the Illinois Supreme Court’s 2016 guidance (In re Marriage of Lenoci), rejecting retroactive recognition unless strict evidentiary standards are met.
Illinois courts defer to the Uniform Marriage and Divorce Act standards, which Illinois adopted in 1984 but later restricted. The Illinois Department of Public Health does not issue common law marriage certificates, reinforcing the statutory prohibition. Out-of-state common law marriages remain valid if recognized by the jurisdiction where they were established, per Full Faith and Credit principles.