When dealing with the ins and outs of Illinois law right now, particularly in this case, common law marriage, it feels a bit like having your head down, and only focusing on the details. Once it is over, it would be good to pick your head back up and see the structure as a whole. In Chicago, we see building and design everywhere. We have buildings dedicated to those themes in the Chicago Architecture Foundation, and someone who truly loves it enough could spend a full week there and not see it all. There are aspects of architecture, as well as law, that everyone can appreciate – symmetry, balance, proportion, and harmony. In architecture, and in law, stability and structure are king. And just as a building needs support, logic and framework, even the best relationship has rules for how it operates in both the tangible world of the law, as well as in the intangible world of relationships. Architecture is a good metaphor for Illinois law in this instance, where the structures supporting relationships for married persons (and those who wish to be) are laid out, followed and enforced.
Common law marriage is the existence of a marital relationship that exists in the absence of an official solemnization ceremony, usually including a distinct governmental body issuing some type of certificate that says the couple is married. In the wake of divorce, a bit of a palaver has arisen: confused by Illinois case law and perhaps not knowing exactly what common law is, courts in Illinois seem to think that it is a second class system of legal unions, where parties to cohabitation are trying to extract rights that they are not eligible to receive. That’s not entirely true with a common law marriage, which, while no longer available in Illinois, is still legally existent in other states whose laws cover long term cohabitation.
So what does architecture and relationships have to do with one another? The answer is everything – the same concepts of building a lasting structure are the same concepts required to develop a relationship that will last, particularly when it comes to building a life with someone. This parallel is obvious when you think of the basic building blocks of any structure: foundation (or ground), supports, and design. While these components may be addressed in a different order, all structures conform to this basic rule. And the same goes for relationships: you need a solid foundation of trust, communication, and validate together with support. Those components continue to expand with a relationship, just as they do with an architectural effort. The structural components become more holistic; all parts of a structure (or a relationship) come together to form a complete paradigm. The same can be said of the growth of a relationship, particularly when it comes to marriage in Illinois, which, we’ll presume here, is what you’re interested in learning about.
Common marriages as a form of relationship no longer exist in Illinois. At least, not for people who live in the state of Illinois, or on property which is governed under Illinois law. However, in order for the relationship to turn into a basically legal concept, an actual contract is required between the parties. It is not enough for them to agree amongst themselves, although they certainly are permitted to do so. When you decide to take that relationship a step further – like it could with a physical foundation or superstructure – you choose to marry. At that point, you choose to be governed by the laws of the particular state in which the marriage was held.
