Knowledgeable Domestic Partnership Attorneys Advising Unmarried Couples in Wheaton, IL
In today's society, many couples are in committed relationships and choose not to get married. While marriage provides spouses with certain rights and protections, couples who do not get legally married may not have these rights, regardless of how long they have been in a relationship. However, there are steps unmarried couples can take to ensure that they can receive some of the same rights and benefits as married couples. Schedule a consultation at any of our area offices to discuss your situation.
The DuPage County domestic partnership lawyers at Musielak & Rosinski LLC strive to stay abreast of changes to family law in Illinois. Our attorneys have guided our clients through both cohabitation agreements and separation agreements. Trust our firm to carefully examine your unique situation and offer honest advice about the protections available to you.
Domestic Partnership and Civil Union Lawyers in Wheaton
In 2011, Illinois officially recognized civil unions and domestic partnerships. While this status originally was meant to provide same-sex partners with many of the same rights as married couples, opposite-sex couples may also enter into civil unions. Since same-sex marriage was legalized nationwide in 2015, fewer couples have chosen to enter into civil unions. However, this option is still available, and couples who choose to remain unmarried may use civil unions in order to put both parties' names on legal documents, including mortgages, titles, wills, and powers of attorney. Our firm is experienced in helping clients complete these tasks, and we can also assist with:
- Drafting cohabitation agreements
- Drafting separation agreements
- Resolving child custody issues for unmarried parents
When a relationship ends, there might be questions about how property or assets gained during the domestic partnership will be divided. Our firm can draft a separation agreement that clearly stipulates how property division and debt division will be handled. We can help couples understand the best ways to resolve issues related to a breakup, and we can answer any questions you might have through a confidential consultation.
Does Illinois Recognize Common-Law Marriages From Other States?
Illinois does not allow couples to enter into a common-law marriage within the state, regardless of how long they have lived together or presented themselves as married. Simply cohabiting, sharing finances, or referring to each other as spouses does not create a legally recognized marriage under Illinois law.
In theory, Illinois can recognize a common-law marriage that was validly established in another state, since states generally honor marriages that were legally formed elsewhere. That being said, proving that a common-law marriage was established under the laws of the originating state can be difficult in practice. Each state that permits common-law marriage has its own specific requirements, often including proof of cohabitation, mutual agreement to be married, and public representation as a married couple, and gathering sufficient evidence to satisfy these standards years later can be a genuine challenge.
Couples who believe they may have entered into a valid common-law marriage elsewhere should be prepared to present detailed documentation, such as joint leases, tax filings, witness statements, and proof of a relationship if the issue becomes relevant to a divorce or property dispute in Illinois.
Child Custody Concerns for Unmarried Parents in Illinois
Unmarried parents face many of the same custody considerations as divorcing spouses, but the process often starts differently. Establishing paternity is typically the first step, since parental rights and responsibilities cannot be allocated until legal parentage is confirmed, either through a voluntary acknowledgment or a court proceeding.
Once paternity is established, Illinois courts apply the same best interest standard used in divorce cases to allocate parenting time and decision-making responsibilities. Unmarried parents who never lived together, or who separate soon after a child's birth, may face additional challenges in establishing a stable, consistent schedule from the outset.
Contact Our DuPage County Civil Union Attorneys
To arrange a free consultation with Musielak & Rosinski LLC, call 630-344-6525 or contact our Wheaton, IL civil union lawyers today. With offices in DuPage County and Kendall County, we have experience helping clients throughout Illinois.