How Does Divorce Work for Homosexual Couples in Illinois?

 Posted on July 29, 2022 in Divorce

Same-sex marriage has been permitted in all fifty states since June 2015. Homosexual couples have the same rights as heterosexual couples. They can get married, draft prenuptial agreements, get divorced, and be subject to child support and spousal support orders. However, divorce and family law issues are sometimes more complicated when spouses are the same gender. Read on to learn about LGBT divorce in Illinois and how you can get the legal help you need when divorcing a same-sex spouse.

Getting Divorced When You Are in a Same-Sex Marriage

Same-sex couples follow the same divorce procedures as opposite-sex couples. One spouse files for divorce by submitting a petition for dissolution of marriage to the court. The other spouse (called the respondent) responds to the divorce petition. The spouses may be able to negotiate an agreement on the terms of their divorce and avoid taking the case to court. Their respective attorneys will provide legal guidance and assist in negotiations. The couple may also decide to attend divorce mediation to discuss divorce issues like property division, spousal maintenance, and child custody. If the spouses cannot reach settlement, the case may advance to trial.

Complications in a LGBT Divorce

Although homosexual couples have the same rights as any other couple, the divorce process can sometimes be more difficult for LGBT individuals. For example, if a couple was cohabitating long before they got officially married, this may complicate property division during divorce. Illinois law states that any assets acquired during the marriage are marital assets and assets acquired before the marriage are non-marital assets (with certain exceptions). If spouses were living together but not married, the funds and property acquired during that time may be considered non-marital assets.

Child custody can also be a tricky subject for a same-sex couple. For example, if one spouse has a child with a former partner, their current spouse may not have any rights to parenting time or parental responsibilities. This can be very hard on both the stepparent and the child. Fortunately, Illinois law does allow stepparents the right to request visitation with the child under certain circumstances.

Contact a Kane County LGBT Divorce Lawyer

LGBT divorce can be more complicated than heterosexual divorce. If you are in a same-sex marriage and you want to divorce, contact Goostree Law Group for help. Our St. Charles divorce attorneys can provide the legal advice, assistance, and support you need. Call our office at 630-584-4800 to set up a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000