In 2014, Illinois joined about 15 other states when its legalization recognizing sam- sex marriages went into effect (including recognizing same-sex marriages that were performed in other states). In 2015, the Supreme Court effectively made same-sex marriages legal across the nation, and with that decision, same-sex divorces naturally followed suit and became a legal concern. If you are facing a same-sex divorce, do not wait to consult with an experienced same-sex divorce attorney near you.
While same-sex marriage provides same-sex couples with the same rights and responsibilities as all other married couples, there are specific issues that are more likely to arise. For example, because same-sex couples only recently gained the legal right to marry, many have married later in life, which can complicate the division of marital property considerably.
When a young couple who is just starting out in life marries, neither party is likely to have many assets, which can help to simplify the division of marital assets in a divorce. When both spouses have more complicated financials, to begin with, it generally means a more complex division of marital property, which tends to be one of the most challenging divorce terms.
In Illinois, children born to married couples are presumed to be both parents’ children. For same-sex marriages, however, second-parent adoption is generally required to legally secure the parental relationship of the nonbiological parent. Because child custody arrangements have the potential to become hotly contested in divorce generally, the issue can become that much more complicated in same-sex divorces.
Every divorce is utterly unique to the circumstances involved, and this is just as true for same-sex divorces as it is for any others. The basic terms of divorce, however, do not vary, including:
Any one of these terms can become complicated in any divorce, and same-sex divorces are certainly not spared these complications. If you and your divorcing spouse are able to reach compromises regarding every term that applies to your situation, the court is unlikely to deny the terms you present. If you need the court’s intervention, however, the matter becomes even more legally challenging.
Divorce is never easy, but a same-sex divorce can turn up the heat on two of the most complicated aspects– the division of marital property and child custody arrangements. If you are facing a same-sex divorce, the formidable Chicago divorce attorneys at The Law Offices of George M. Sanders have a wealth of experience successfully guiding cases like yours toward beneficial resolutions that protect our clients’ financial and parental rights, while upholding their best interests. Your case is important, so please don’t delay reaching out and contacting us for more information today.