What Are the Basics of an LGBTQ Divorce in Illinois?

 Posted on April 23, 2020 in Divorce

Since November 2013, same-sex couples have had equal access to marriage and divorce rights under federal law. In Illinois, a lesbian, gay, bisexual, transgender, questioning (LGBTQ) marriage is similar to opposite-sex marriage. Not only do same-sex couples have the right to get married, but they can also share property and assets, file joint tax returns, receive retirement and veterans’ benefits, and many other rights and responsibilities that opposite-sex couples receive following marriage. Since same-sex marriage is still relatively new, couples may not fully understand how the law applies to them when it comes to divorce. Therefore, if you are considering a divorce, it is critical that an experienced attorney guides you through the process. 

Illinois Divorce Laws

Illinois is a no-fault divorce state, meaning you do not need to give the court a reason why you and your spouse wish to end your marriage. According to the Illinois Marriage and Dissolution of Marriage Act, in order to be granted a divorce, a couple must only prove:

1. Irreconcilable differences have initiated the failure of the marriage.

2. Previous efforts at reconciliation have been unsuccessful.

3. Future efforts at reuniting are unrealistic and not in the best interests of the family.

An LGBTQ divorce comprises the same legal decisions, such as:

• Allocation of parental responsibilities

• Spousal support/maintenance

• Division of property, assets, and debt

• Prenuptial and postnuptial agreements

• Child support
  

Unique Issues in a Same-Sex Divorce

The allocation of parental responsibilities (child custody) in an LGBTQ divorce can be complex. In some cases, same-sex couples may not have parentage of their children, causing parental rights issues. 

According to the Illinois Parentage Act, an individual can be the presumed parent of the child if:

• The child was born during a legal relationship, civil union, or marriage.

• The child was born during a legal relationship, civil union, or marriage even if it is later voided.

• After the child is born, the individual marries the child’s mother even if the marriage is later considered void.

• The child was born within 300 days after the dissolution of the legal relationship, civil union, or marriage.

All legally recognized parents have an equal right to seek the allocation of parental responsibilities on behalf of their child. 

Contact a Lombard, IL Divorce Attorney 

The skilled legal team at A. Traub and Associates understands how overwhelming divorce can be, regardless of the sex or gender of a couple. When children are involved, decisions can be even more complicated. We are here to support you, and make sure you are aware of all your rights and options regarding your settlement. Contact our knowledgeable and compassionate Wheaton child support lawyers today at 630-426-0196 to schedule a confidential consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3525&ChapterID=59