Is Divorce in Illinois Different for Gay Couples? 

 Posted on November 05, 2021 in Family Law Blog

Same-sex couples in Illinois get married with high hopes of long-term marital success. Unfortunately, staying married forever is not always possible and divorce becomes necessary. Since same-sex marriage became legal in the United States, the divorce process for same-sex couples is usually the same as ending a marriage for heterosexual couples. 

Regardless of the gender of your spouse, it is important to understand the divorce process so you can make your divorce as smooth and fair as possible. 

The Divorce Process in Illinois 

Before a couple can get divorced in Illinois, one spouse must be a resident of Illinois. To be a resident, a person must have lived in Illinois for the past 90 days or, if they are an active duty member of the military, must have been stationed there the past 90 days. If children are involved, the children must have been residents for at least six months. 

Couples do not need to prove fault to file for divorce. In fact, the only reason for divorce currently allowed by Illinois is “irreconcilable differences.” One spouse will file for divorce using a “Petition for the Dissolution of Marriage” in the circuit court where they or the other spouse lives. The petition for divorce must include information about spouses, including where they live and whether they have children. The divorce papers are served to the other spouse and require him or her to respond. 

Spouses then must resolve a number of issues, including asset division, spousal maintenance,  and, if there are children, a parenting agreement and child support. Sometimes, child-related issues are more complex in a same-sex relationship. Spouses can use conflict resolution techniques such as mediation or collaborative divorce, or attempt to resolve issues themselves. When all else fails, some divorces do go to trial, but this is quite rare. 

The cost and length of divorce will depend on the unique circumstances of each couple. An experienced Illinois divorce attorney can help you understand more about what to expect during your divorce process. 

Contact a Lombard, IL Same-Sex Divorce Attorney

If you are in a same-sex marriage and are considering divorce, know that the DuPage County divorce lawyers with A. Traub & Associates have worked with cases like yours. We offer all of our clients a nonjudgmental and welcoming atmosphere so you feel comfortable working with us as a team to develop a strong divorce strategy. From filing a divorce to the final prove-up, we are with you every step of the way. Contact our offices to schedule a confidential consultation at 630-426-0196. 

Source:

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