Although nine states currently recognize common-law marriage, Illinois is not one of them. What happens, then, when a couple with a recognized common-law marriage in another state – like Texas – moves to Illinois? Is the common-law marriage recognized? What if the couple wants to divorce? Broadly speaking, a common-law marriage is not considered a “real” marriage in the state of Illinois.
That being said, technically speaking, Illinois law does recognize a common-law marriage from another state. In practice, however, there appears to be a large body of evidence that speaks to the contrary, which means it can be very challenging to prove a common-law marriage in a state that does not recognize that type of marriage.
The tricky part of this equation might be proving that you did, in fact, have a valid common-law marriage in Texas or another state that recognizes common-law marriages. If you are facing a similar situation, speaking to a knowledgeable Will County, IL family law attorney can help you determine where you stand in this situation.