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.

After the tumultuous process of divorce, there are many crucial matters to address, including modifications to your divorce decree. In Chicago, Illinois, couples seeking a modification to their divorce judgment must navigate the complexities of the legal system, which can be challenging. Divorced individuals wishing to make a change to their divorce decree are encouraged to reach out to a family law attorney for help. 

Post-Divorce Child Support and Custody Modifications

Chicago bases child custody decisions on what's in the child's best interests, but things can alter after a divorce. A parent's relocation may require a modification to the custody circumstances. The custody may need to be changed if one parent proves unsuitable to take care of the child in their custody. Or, the child's preferences may be taken into account if they reach an age where they can express them.

You may need to change your child support order in certain situations. A significant change in one parent's take-home pay may necessitate a modification to the child support judgment. If the child's educational or medical expenses change, the child support judgment may also need modifications. Major changes to the parenting plan may also necessitate a child support modification. 

Illinois is a surrogacy-friendly state for same-sex couples who want to have a child through surrogacy. The Gestational Surrogacy Act of the Illinois General Assembly governs the legal framework for surrogacy arrangements in the state. This act sets forth specific guidelines and requirements that ensure the rights of all parties involved are protected. 

What is Gestational Surrogacy?

Gestational surrogacy is a process in which a surrogate mother is implanted with an embryo created from the eggs and sperm of the intended parents or donors. The surrogate mother carries the pregnancy to term and delivers the child, but the child is genetically unrelated to the surrogate mother.

Requirements for Surrogacy in Illinois

The Gestational Surrogacy Act of the Illinois General Assembly requires that all parties involved in a surrogacy agreement undergo a psychological evaluation before the arrangement begins. The intended parents must also obtain legal representation before entering into a surrogacy agreement, and the surrogate mother must have her legal representation as well. The Act also requires that the surrogacy agreement be in writing and signed by all parties involved, including the surrogate's spouse, if applicable.

A separation, divorce, or custody dispute can cause emotions to run hot. An emotionally unstable spouse may become abusive when he or she is confronted with possible family changes. Some people choose to leave their spouse or seek full custody of their children precisely because their partner is abusive. Domestic violence is shockingly common in the United States. On average, 10 million Americans suffer as a result of domestic violence each year, and about one in three women and one in four men will suffer intimate partner violence in their lifetime. Fortunately, there are legal options for those who wish to protect themselves or their children from an abusive partner.  

Understanding Orders of Protection in Illinois

In Illinois, orders of protection are designed to protect a person from the threat of imminent harm. An emergency order of protection can be easily acquired and does not require the person seeking the order of protection to give notice to his or her abuser. An emergency order is a short-term measure typically given to a victim by a judge for up to 21 days. This gives the abused person time to request a longer-term protection order if necessary.

A plenary order of protection can last for up to two years and can be renewed upon review when it expires. These protection orders can include various provisions but generally require the alleged abuser to stay away from the accuser and/or their children or family.  

One of the most frustrating parts of a divorce or child custody case is interpreting legal jargon and unfamiliar language. For example, while the term child custody is still sometimes used in casual settings, Illinois law refers to child custody as “the allocation of parental responsibilities,” and visitation is legally known as “parenting time.”

If you are a parent getting divorced, you may have questions about the language used in the parenting plan. One term many people are confused by is “the right of first refusal.” A skilled family law attorney can help you understand the right of first refusal and how you can use this element of your parenting plan to benefit you and your children.

Parenting Time Schedules in Your Illinois Parenting Plan

A crucial element of any parenting plan is the parenting time schedule. Illinois law states that parents must either create a schedule for sharing parenting time or a method for determining parenting time that is detailed enough to be enforced by the court, if needed. Some parents choose to alternate weeks, while others have the child stay with one parent during the week and the other parent during the weekend. If you and your child’s other parent can agree, you can divide parenting time however you see fit. But what happens when the parent who is assigned parenting time cannot watch the child? This is where the right of first refusal comes in.