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Answers To Your Questions About LGBTQ Divorce in Illinois

On Behalf of | Jun 10, 2022 | Divorce

While nobody gets married expecting to get divorced one day, the statistics speak for themselves. Nearly 1 in 2 Illinois couples who get married can expect to eventually get divorced. Finding good information about divorce is not easy, especially if you are in a “non-traditional” marriage. Perhaps you worry about being judged by an attorney, or have questions about whether the divorce process is the same for you as it is for other couples. If you have questions about LGBTQ divorce in Illinois, check this blog for answers to common questions and then speak with a compassionate LGBTQ divorce attorney.

Is it Legal for Gay Couples to Get Divorced in Illinois?

Yes. Illinois divorce laws apply equally to everyone. Homosexual couples can divorce as long as they:

  • Are legally married in any state

  • Are residents of Illinois, meaning they have lived in the state for at least 90 days before filing for divorce (or 180 days if kids are involved)

If you are in a civil union, the process is very similar to divorce. You still need to divide your assets, create a parenting plan, and formally dissolve the relationship with the court.

What Happens If We Have Kids?

Creating a parenting agreement is often the hardest part of getting divorced if you share children. Both parents usually want to maximize the time they spend with their children, and each parent may have concerns about the other parent’s ability to care for the children on his or her own. When domestic violence is not an issue, parents are generally encouraged to create a parenting plan with the help of a mediator who can help each party voice his or her concerns and resolve disputes amicably.

That being said, sometimes there are unique issues involving children in LGBTQ families who have been adopted or conceived by an individual who is not part of the married couple’s relationship. If you share a child with your partner and are not sure whether both of you are the legal parents, seek further assistance from a knowledgeable attorney.

What if We Lived Together Before We Got Married?

Many LGBTQ couples lived together long before marriage equality was made the law in every state by the U.S. Supreme Court. But no matter how many years you may have been in a committed relationship that resembled a marriage, only the time you were legally married counts when it comes to establishing marital property together. This can make jointly owned property, like a house or savings account, tricky to divide during divorce. Fortunately, an experienced Illinois divorce lawyer can help.

How Can I Contact a Chicago Divorce Lawyer?

The experienced attorneys at NextLevel Law, P.C. by Daniel R. Hernandez, Esq. are interested in the wellbeing of our clients and their families above anything else. We offer a warm, welcoming environment where you can feel comfortable being yourself and ask hard questions about the divorce process. Call us today at 312-442-2225 to schedule a free, confidential consultation with one of our Chicago, IL LGBTQ divorce attorneys today.