Civil Union: Yes, No, or Maybe

 Posted on January 31, 2014 in Family Law

There is no single determinative factor that may prove to either same-sex or heterosexual couples that a civil union is the right choice. For same-sex couples, more and more states, such as Illinois, are adopting laws that allow marriage between them. Notwithstanding that fact, some couples simply feel that a civil union is the more appropriate choice for them. Regardless of the choice, however, there is always the unfortunate reality that the parties to the civil union may wish to dissolve that union.

The Civil Union

In Illinois, a civil union allows both same-sex and heterosexual couples to enter into a committed relationship without getting married. 750 ILCS 75/ Illinois Religious Freedom Protection and Civil Union Act sets forth the pertinent rules concerning civil unions in Illinois. Civil unions require a license and solemnization process, and like a traditional marriage, there are certain prohibited civil unions, with 750 ILCS/ Section 25 stating that both parties must be 18, you can’t be married or in an existing civil union already, and you can’t enter into a civil union with family members.

In a Civil Union But Want Out?

Like marriage, there are instances in which a civil union simply does not work, and for whatever reason or reasons, the couple feels it is time to end the relationship. The dissolution of a civil union means that the couple will have to deal with the same host of issues that a traditionally married couple would have to deal with. 750 ILCS 5/ Illinois Marriage and Dissolution of Marriage Act dictates the rights and responsibilities for the dissolution of a civil union. As with a traditional divorce, there are issues of property distribution, during which all assets and debts of the union will be valued. Maintenance payments may be an issue in the dissolution of a civil union, and even paternity if there are children involved. If children are involved, and they are a product of the relationship, issues of child custody, child support, and visitation will need to be dealt with as well. Because the dissolution of a civil union raises substantially the same issues as a divorce, anyone contemplating dissolving their civil union should seek legal help.

Legal Help

If you or someone you know is a party to a civil union and there is a desire to dissolve that civil union, contact an experienced family law attorney attorney knowledgeable in the dissolution of civil unions. The Professionals at Goostree Law Group, can provide the assistance you need. Call today 630-584-4800 for a free and confidential conversation with an attorney serving the Kane County area.