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.

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On June 26, 2015, the United States Supreme Court ruled that states could no longer legally ban gay individuals from getting married. Since then, many same-sex couples have married, and some have chosen to start families of their own. Being a same-sex couple can bring up certain legal complications when children are involved, but fortunately, Illinois has measures in place to help potential parents obtain parental rights. One method some same-sex couples use to legally adopt a child into their family is second-parent adoption, also called co-parent adoption.

Second Parent Adoption Does Not Require Terminating Anyone’s Parental Rights

In most circumstances, when a person wishes to adopt a child, the child’s original parent or parents must terminate their parental rights. For example, when a woman places a baby up for adoption after giving birth, she signs documents which relinquish her rights to that child. A second-parent adoption is unique in that a parent can adopt a child without the child’s other parent losing their parental rights.

With the recent change in administration, many LGBTQ parents and family members have expressed concern over the possibility of modifications to current statutes and legal precedents that may affect them and their families adversely. Though many believe such fears unfounded, it is never a bad idea to double-check that all relevant legal documents, including adoption or birth certificates, marriage licenses, and travel documents are in order.

Marriages and Estate Planning

Perhaps the primary concern of many LGBTQ families is the issue of marriage equality. While a Supreme Court decision usually settles a matter, at least for some time, the new administration has given indications that it would like to see 2015’s landmark decision in Obergefell v. Hodges overturned. While a president cannot unilaterally overturn a Supreme Court decision, he may, in theory, appoint justices who can, and this causes real concern for many. President Trump’s appointment of Justice of Neil Gorsuch seemed to validate this concern among pundits and skeptics.

The Chicago Tribune reports that there are currently more than 17,000 children in Illinois who are in foster care, with over 6,000 of them being cared for by non-relatives. In addition, there are approximately 1,000 children available for permanent adoption in the state on any given day. With so many children in need of loving homes, state officials are always looking for more couples and families who are willing to provide stability and care.

“We just don’t have enough people who have stepped forward,” said Susan McConnell, founder of a regional nonprofit group that advocates for adoption and foster care. Her group, Let It Be Us, has joined with the Illinois Department of Children and Family Services to promote participation in the state’s adoption and foster care programs among gay and lesbian parents. “We think that in the (LBGT) community,” McConnell continued, “there are people who would be good parents.

Increased Rates of Participation