Marriage Status Legal Clarification

Summary

The user, residing in DuPage County, Illinois, conducted an online Nikah ceremony with his partner without any legal registration or witnesses. They have represented themselves as a married couple in some settings, but have not filed joint tax returns or shared financial responsibilities consistently. The users partner added him to her insurance plan without any formal agreement. They have not used the terms husband or wife in any legal documents or forms, and have not made any significant decisions together or made any large purchases together. However, they have attended couples therapy. The user is advised to consult a local attorney as presenting themselves as a couple in therapy could potentially be seen as evidence of a marriage-like relationship in Illinois.

Full Conversation

I am in DuPage, County, Illinois, and my ex-wife is, claiming that I am married. If I tell the judge that me and my new wife did do a nikah ceremony, but without any paperwork or witnesses, just for the purposes of being able to live with each other and have a relationship as without a nikah in Islam, it is not okay to have a relationship. We have not done any other legal registrations of marriage. What the court consider me as married or not married?
Did you or your partner ever represent yourselves as a married couple to others?
In Illinois, a marriage is generally recognized if it's legally performed and valid in the place where it was performed.
?
Did you and your new wife ever file joint tax returns or share financial responsibilities as a married couple would?
Yes we have represented ourselves as married in front of some people and to others we have also said we were fiancé. But no we have not filed joint tax returns and bear the financial responsibilities of the house, except on some occasions, and she wants to bring in some thing out of her own pocket
Did you have any formal or informal agreement about your relationship status with your new wife?
In Illinois, common law marriage isn't recognized. However, if you've presented yourselves as married, it might complicate things.
?
Did you and your new wife have any children together?
We just did a nikah ceremony online and they were no witnesses here with us except for the people who did nikah ceremony online virtually they were no papers signed either
Did the online Nikah ceremony include any form of registration or certification from the officiating body?
No
Did you or your new wife ever receive any benefits or privileges that are typically associated with marriage?
No
Did you or your new wife ever apply for any form of spousal benefits, such as health insurance or immigration benefits?
She just added me onto her insurance plan as I am unemployed however she can add anyone even if it’s a boyfriend
Did you both sign any documents when she added you to her insurance plan?
No signature but she added my bio data information
Did you both publicly acknowledge each other as husband and wife in social settings or on social media platforms?
In some settings we have
Did you ever use the term "husband" or "wife" in any legal documents or forms?
But not on social media and yes we have used the terms
Did you ever use the term "husband" or "wife" in any legal documents or forms?
- In Illinois, presenting yourselves as married can complicate your case, even without a legal marriage registration.
- Consult a local attorney for personalized advice.
We have not used those terms in any legal documents or forms
Did you ever live together in a residence that you both referred to as your marital home?
?
Did you both share any joint bank accounts or credit cards?
?
Did you both share any joint bank accounts or credit cards?
Yes, we live in our house right now which we call home. But we do not share any joint bank accounts or credit cards.
Did you both ever make any large purchases together, such as a car or property?
No
Did you both ever make any significant decisions together, like moving or changing jobs?
?
Did you both ever make any significant decisions together, like moving or changing jobs?
No
Did you both ever seek or receive any form of marital counseling or therapy?
?
Did you both ever seek or receive any form of marital counseling or therapy?
Yes, we have done couples therapy
Did the therapist recognize you both as a married couple during the therapy sessions?
?
Did the therapist recognize you both as a married couple during the therapy sessions?
I am not sure he didnt say anything but he does recognize us as a couple
Did the therapist ever refer to you as husband and wife in any of the therapy sessions or documents?
I don’t think so
In Illinois, presenting yourselves as a couple in therapy could potentially be seen as evidence of a marriage-like relationship. Consult a local attorney for personalized advice. Is there anything else I can assist you with?
?
Did you ever seek legal advice regarding your relationship status before?
No
Did you ever sign any document or agreement that could be interpreted as a marriage contract?
?
Did you ever seek legal advice regarding your relationship status before?
Answer: No, this is the first time I am seeking legal advice.
- In Illinois, presenting yourselves as a couple in therapy could potentially be seen as evidence of a marriage-like relationship.
- Consult a local attorney for personalized advice.
Is there anything else I can assist you with?
My ex-wife’s lawyers just filed a response to my motion of child support saying that I misrepresented some information. In the financial David that I had filed, I said no to the question asking me if I am currently living with another adult who is helping me pay my expenses. I said no because yes, although my wife is living with me, she does not help me pay my expenses instead IP all of the house expenses and mine and the kids and even hers sometimes because she does not earn enough. Should I have answered yes to the question? If so, how should I rectify the situation?
Did you clarify in your financial affidavit that your current wife is not contributing to your expenses? This could be a crucial detail.
?
No, I did not clarify that in the affidavit. I just answered no to the question.
No, I did not mention in the financial affidavit anything about my current wife and her sharing in any of the expenses
What is the nature of the misrepresentation your ex-wife's lawyers are claiming? It's important to understand this to provide accurate information.
?
They are claiming that I am living with another adult who is helping me pay my expenses, which is not true.
They are saying that the respondents sworn statement in paragraph five is false intentional, reckless, and inaccurate with the intent to mislead and deceive discord, they have stated that I said no to the question of anyone residing with me will help me pay my expenses, and they said, however, respondent is remarried, and upon information, and believe his current spouse employed earning substantial income
It seems like there's a misunderstanding. You may need to amend your financial affidavit to clarify your current wife's financial contribution. Consult a local attorney for personalized advice.
But is she my wife though? Because all we have done is an online Neca ceremony without any witnesses or any documents signed. And I reside in the DuPage, County, Illinois.
In Illinois, a marriage is typically recognized if there's a valid marriage license and ceremony. Did you obtain a marriage license before your online Nikah ceremony?
No, we only did an online nikah ceremony
In Illinois, a marriage is typically recognized if there's a valid marriage license and ceremony. An online Nikah ceremony without a license may not be legally binding. Consult a local attorney for personalized advice.