ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/214 (2026)

Invalidity of Common Law Marriages

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(750 ILCS 5/214) (from Ch. 40, par. 214)
    Sec. 214. Invalidity of Common Law Marriages.) Common law marriages contracted in this State after June 30, 1905 are invalid.
(Source: P.A. 80-923.)

    
Notes of Decisions
Cited in 20 cases (4 in the last 5 years), 1998–2025 · leading case: Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016).
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Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). · cites it 6× “¶ 12 Blumenthal responded that Hewitt was not based on a legislative policy to stigmatize or penalize cohabitants for their relationship, but was instead based on a statute that abolished common-law marriage in this jurisdiction and is now known as section 214 of the Illinois…”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2017). · cites it 6× “¶ 12 Blumenthal responded that Hewitt was not based on a legislative policy to stigmatize or penalize cohabitants for their relationship but was instead based on a statute that abolished common-law marriage in this jurisdiction and is now known as section 214 of the Illinois…”
In re Est. of McDonald, 2021 IL App (2d) 191113 (Ill. App. Ct. 2021). “750 ILCS 5/214 (West 2016); Hewitt v. Hewitt, 77 Ill.”
Graham v. Van Rengen, 2024 IL App (2d) 230611 (Ill. App. Ct. 2024). “750 ILCS 5/214(c)(1) (West 2020). Here, while the trial court’s remarks in deciding whether to grant the extensions were neither extensive nor pointedly responsive to the statutory factors, we conclude that they - 27 - 2024 IL App (2d) 230611 adequately satisfied the…”
Private Bank Ex Rel. Reynolds v. Silver Cross Hosp. & Med. Ctrs., Michelle Alling, Midwest Respiratory, Ltd., 2017 IL App (1st) 161863 (Ill. App. Ct. 2017). “750 ILCS 5/214 (West 2014) ; Hewitt v. Hewitt , 77 Ill.”
Costa v. Oliven, 849 N.E.2d 122 (Ill. App. Ct. 2006). “Defendant argued that plaintiffs claims were unenforceable based on section 214 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/214 (West 2004)), which prohibits common-law marriage, and based on Hewitt.”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2014). “¶ 17 Blumenthal responds that Hewitt was not based on a legislative policy to stigmatize or penalize cohabitants for their relationship, but was instead based on a statute that abolished common law marriage in this jurisdiction and is now known as section 214 of the Illinois…”
Bangaly v. Baggiani, 2014 IL App (1st) 123760 (Ill. App. Ct. 2014). “For instance, while common law marriages are not permitted under Illinois law (750 ILCS 5/214 (West 2010)), common law marriages contracted in another state where they are valid are recognized (see Allen v.”
Bangaly v. Baggiani, 2014 IL App (1st) 123760 (Ill. App. Ct. 2014). “For instance, while common law marriages are not permitted under Illinois law (750 ILCS 5/214 (West 2010)), common law marriages contracted in another state where they are valid are recognized (see Allen v.”
In Re Est. of Hall, 707 N.E.2d 201 (Ill. App. Ct. 1998). “Because case law and the putative spouse provision fail to provide petitioner with spouse status, the only remaining option is to consider whether the relationship between petitioner and Hall is a legal equivalent to marriage.”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2015). “¶ 17 Blumenthal responds that Hewitt was not based on a legislative policy to stigmatize or penalize cohabitants for their relationship, but was instead based on a statute that abolished common law marriage in this jurisdiction and is now known as section 214 of the Illinois…”
The Private Bank v. Silver Cross Hosp. & Med. Centers, 2017 IL App (1st) 161863 (Ill. App. Ct. 2018). “750 ILCS 5/214 (West 2014); Hewitt v. Hewitt, 77 Ill.”
Show all 20 citing cases →
— 750 ILCS 5/214(c)(1) — 1 case
Graham v. Van Rengen, 2024 IL App (2d) 230611 (Ill. App. Ct. 2024). “750 ILCS 5/214(c)(1) (West 2020). Here, while the trial court’s remarks in deciding whether to grant the extensions were neither extensive nor pointedly responsive to the statutory factors, we conclude that they - 27 - 2024 IL App (2d) 230611 adequately satisfied the…”
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