Same-sex marriage has become an important issue across the United States, with federal and state courts ruling on its constitutionality. In Illinois, gay marriage was legalized in 2014, granting same-sex couples the same legal rights as opposite-sex couples. At NextLevel Law, P.C. by Daniel R. Hernandez, Esq., our attorneys are here to provide legal guidance for same-sex couples getting married or divorced.
Our attorneys are committed to helping our clients navigate the complex legal landscape surrounding same-sex marriage. We offer advice on important considerations such as financial implications, rights and protections under the law, and potential challenges that may arise during a divorce.
Same-Sex Marriage in the United States
It is worth noting that despite the federal recognition of same-sex marriage, some states still do not recognize same-sex unions. Therefore, couples must understand their marriage’s legal implications before moving to another state. Although the Defense of Marriage Act (DOMA) was declared unconstitutional by the United States Supreme Court in 2013, there may still be inconsistencies between federal and state laws when it comes to the financial consequences of dissolving a same-sex marriage or civil union.
Same-Sex Marriage in Chicago
The Illinois legislature enacted a law in 2014 that legalized same-sex marriage. Same-sex couples who married on or after June 1, 2014, were granted the same rights as opposite-sex couples, such as hospital visitation rights and spousal recognition in child custody proceedings. Thousands of couples were affected by the legalization of same-sex marriage in Illinois.
According to the most recent US Census data, Illinois has over 32,000 same-sex couples. Couples in all 50 states can now take advantage of the legalization of same-sex marriage. When same-sex couples marry, they must consider several factors, which they may need to handle with the assistance of an experienced attorney.
Potentially Difficult Issues for Same-Sex Couples Getting Married
Same-sex couples may experience problems while navigating marriage. For example, because marriage laws have recently changed, many gay and lesbian couples are marrying later in life than their straight counterparts. As a result, couples are more likely to bring the non-marital property into the marriage.
Additional challenges can include:
Adoption and parental rights – Same-sex couples may need to navigate adoption and parental rights issues. Our attorneys can help couples understand the legal process and ensure their parental rights are protected.
Estate planning – Same-sex couples may face unique estate planning challenges, such as ensuring that their assets are passed down to their spouse or children. Our attorneys can help couples develop a comprehensive estate plan in line with their wishes after they’re gone.
Contact a Chicago Same-Sex Marriage Lawyer
Our Chicago same-sex marriage attorneys are experienced in addressing the legal issues unique to same-sex couples, including resolving the commingling of marital and non-marital assets, and creating prenuptial or postnuptial agreements to help determine how property will be divided in the event of a divorce. To schedule a free, private consultation at NextLevel Law, P.C. by Daniel R. Hernandez, Esq. right away, call 312-442-2225.