Same Sex Divorce
Chicago Same-Sex Divorce Attorney
You probably never imagined that you would go through a divorce. As a same-sex couple you may have misgivings about how the process works in Illinois. On a positive note, your divorce will proceed just as that of any other couple due to a key 2015 US Supreme Court ruling. The downsides are that Illinois law can be complicated and you may face emotional challenges that complicate the proceedings.
Our same sex divorce lawyers at the Law Offices of George M. Sanders, P.C. have been representing clients throughout Chicagoland for more than 20 years, so we have experience in guiding parties through the divorce process. When you have a skilled attorney to advise you on property division, spousal support, and care for minor children, you can rest assured that your rights and interests are adequately protected.
Same-Sex Divorce is on Equal Footing
A landmark US Supreme Court ruling in 2015 requires every state to recognize a lawfully performed marriage regardless of sex allow marriages between two people of the same sex. The Justices pointed out that the basis of this finding is the 14th Amendment’s prohibition on depriving a person of life, liberty, or happiness without due process. As a corollary to this holding, states must also treat same-sex couples like all others when it comes to dissolving a marriage. Therefore, the laws apply across the board to any couple going through the divorce process.
The Basics of Same-Sex Divorce in Illinois
The Illinois Marriage and Dissolution of Marriage Act is the primary statute governing various aspects of divorce. Depending on the circumstances, same-sex couples must address:
- Division of Marital Property: Any assets acquired during the marriage qualify as “marital” property, subject to a few exceptions. The statute requires an equitable division of marital property, which may not always be 50-50 depending on other factors in the divorce case.
- Spousal Support: Spousal support, also known as maintenance, can be a hotly contested issue for any couple. Various considerations go into determining the appropriateness and amount of spousal support, all of which an experienced family law attorney can help you navigate.
- Issues Regarding Minor Children: If you and your spouse have minor children, you must consider the allocation of parental responsibilities and parenting time, terms traditionally known as custody and visitation. There is also the issue of which parent pays child support, if any. Some of these issues are subject to Illinois’ best interests of the child standard, which is the paramount consideration in a divorce case.
Illinois law encourages spouses to agree on these key issues but the judge will apply the statutory guidelines if the parties cannot reach a settlement on their own.
Speak with an Experienced Illinois Divorce Attorney About Same-Sex Divorce Issues
If you have questions about the key issues in a same-sex divorce please contact the Law Offices of George M. Sanders, P.C. to set up an initial consultation. We represent clients in Chicago and throughout the surrounding suburbs in all areas of family law.
