Same-sex couples who are considering dissolving their marriage face many of the same legal and emotional challenges that heterosexual couples do, as well as some others. As such, many choose to work with same-sex divorce attorneys in Chicago. Having knowledgeable legal representation during a same-sex divorce is imperative to protecting your rights.
Not only do you need an attorney who is well-versed in divorces in this state, but you also need an attorney who is familiar and comfortable with the specific issues that divorcing same-sex couples face. While Illinois divorce laws apply to same-sex couples the same way they do to heterosexual couples, there are issues that the law has yet to address. The law has not caught up with some of these unique legal issues. Without statutory guidance, it can be difficult to ensure your rights are being upheld, and an attorney can help you do just that. For example, family courts may not consider such things as sweat equity or implied contracts among same-sex married couples.
If a same-sex couple were in a domestic partnership before they were legally married, property division can be more complicated. During the time of domestic partnership, the couple possibly shared bank accounts or credit cards, purchased property together, or otherwise shared the financial give and take of the household. Domestic partnerships that proceed to a legal same-sex marriage can have an impact on what each spouse ends up within the process of property division. When you hire same-sex divorce attorneys in Chicago, they understand these issues and know how to sort them out.
Many same-sex couples choose to expand their families using various means. Sometimes a female spouse might use a sperm donor to conceive a child that is biologically theirs. Even though the child is not biologically their spouse’s child, they are the other parent in the family. One common problem created by this scenario is that if the couple later chooses to divorce, the biological parent is the only one who has the legal precedent for custody. Additionally, the non-biological parent may not be legally obligated to pay for child support. Same-sex divorce attorneys in Chicago with experience in these types of custody matters can help you recognize where you stand based on your particular situation.
If you are going through or considering filing a same-sex divorce, don’t settle for just any divorce attorney. You need an attorney who appreciates the uniqueness of the issues you are facing during this difficult and uncertain time of life.
The same-sex divorce attorneys in Chicago at Sanders Family Law are well-versed in handling complex divorce matters. We understand the unique challenges same-sex couples face and know how to navigate the resulting legal complexities surrounding child custody and property division. To meet with one of our attorneys and receive answers to your questions, contact us today.
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