Erlich Law Office

Call Today (630) 538-5331
Call Today (630) 538-5331
Evening and weekend appointments available
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

Your Rights as a Putative Spouse in Illinois

Denise Erlich Image avatar by Denise Erlich

Scissors cutting divorce papers

On rare occasions, couples who move forward with plans to divorce find that their marriages were never valid marriages in Illinois, placing them in the category of “putative marriage.” A putative marriage creates a number of legal concerns in the divorce proceedings, because the marriage agreement was never valid to begin with and another legal spouse may exist. Those who find themselves in the role of putative spouse need to understand their rights and how to protect them as they move forward.

What Is a Putative Spouse?

Under Illinois marriage law, a putative spouse is defined as a spouse that went through a marriage ceremony and believed they were legally married, but due to a technicality, was not actually in a legal marriage. This special legal designation allows the courts to give the putative spouse legal rights, even though the marriage was never a legal one. It is an important protection for people who are unaware of the problem before getting married.

Someone can end up in the role of putative spouse for a number of reasons. A common reason is the existence of another legal spouse, which may occur if the prior marriage was not fully dissolved in divorce. The putative spouse is often unaware of the technicality and enters into the marriage relationship expecting that it is valid and legal, only to find later that it is not.

Does a Putative Spouse Have Rights?

Illinois marriage law creates the role of a putative spouse in order to convey rights to this spouse in this strange circumstance. Under the current law, the putative spouse is entitled to the same marital property rights in divorce as a legal spouse. This includes the right to divided marital property, the right to spousal maintenance, and the right to child support.

If another legal spouse exists, the putative spouse retains these rights. However, so does the prior spouse. The courts will then work to divide the assets in a fair and just way based on the circumstances of the marriages.

Finding out that one is a putative spouse does create some legal hurdles, but Illinois law provides protections in these cases. Working with a family law attorney will help individuals get past these hurdles and move forward with life after divorce, with the confidence of knowing that their rights have been fully protected.

Share Button

  • Family Law
    • Divorce
    • Child Support
    • Child Custody and Visitation
    • Spousal Support
    • Post-Decree Modification
    • Order of Protection
  • Business Litigation
  • Collaborative Law

Categories

  • Child Custody
  • Divorce
  • Family Law
  • Infographics
  • Spousal Maintenance (Alimony)
  • Uncategorized
  • Visitation
Denise Erlich Avvo Rating Denise Erlich avvo review Denise Erlich Avvo clients choice Denise Erlich Avvo clients choice

Archives

  • September 2022
  • August 2022
  • July 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • December 2014
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

Experience. Trust. Results.

Erlich small logo
Erlich Law Office, LLC
1 Mid America Plaza 3rd Floor
Oakbrook Terrace, IL 60181
Phone Number: (630) 538-5331
Fax Number: (630) 563-2424

Linkedin facebook

 

get driving button visa icon mastercard logo american express logo

Copyright © 2018 Erlich Law Office, LLC. All rights reserved.

Disclaimer | Privacy Policy

Site Map

LawFirm Websites by MarketJD