Chicago, IL asked in Divorce for Illinois

Q: I have lived with my partner for 15 years. We never married but joinly own most of our assets.

If our relationship is considered "common law" do we file for divorce?

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2 Lawyer Answers
Cheryl Powell
Cheryl Powell
Answered
  • Mt Vernon, IL
  • Licensed in Illinois

A: In il, there has been no such thing as common law marriage since the early 1900's.

J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Your question is largely unanswerable because it is based upon incorrect assumptions. Illinois has not been a common law state for almost one hundred years, so your common law reference does not apply. You cannot file for divorce because you are not married. Your situation would have to be determined by property and possibly contract law.

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