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Chicago Same-Sex Marriage and Divorce Attorney

Joliet Attorney for Same-Sex Marriage and Divorce

Cook County Attorney for LGBTQ+ Divorce Cases

At NextLevel Law, P.C. by Daniel R. Hernandez, Esq, we are a 100% LGBTQ-owned law firm that believes that everyone deserves knowledgeable, experienced legal representation, including in cases of marriage and divorce. With the passage of the Illinois Marriage Fairness Act in 2013, same-sex couples enjoy equal treatment under the law regarding marriage and divorce. We can help same-sex couples understand the legal benefits of marriage. We can also provide guidance for those undergoing a divorce and help them achieve the best possible outcome.

Lake County Attorney for Same-Sex Marriage

If you are considering getting married, our attorneys can answer any legal and financial questions. Same-sex couples who have been married in Illinois have the same legal benefits, protections, and responsibilities as heterosexual married couples. To protect you and your future spouse, many couples enter into a prenuptial agreement to agree on non-marital assets that would not be subject to division in the case of a divorce. A postnuptial agreement serves the same purpose but for couples who are already married.

If you and your spouse were married in another state, your marriage is legal in Illinois. If you and your partner are in a civil union and wish to be considered married by the state of Illinois, you must convert your union into a marriage. This can be accomplished at your local county clerk's office. While civil unions are still valid, they are not automatically converted into marriages, and couples do not share all the same benefits and rights as being married.

Chicago Attorney for LGBTQ+ Divorce Cases

If a marriage has reached the point where divorce is the best outcome, it is valuable to have an attorney who can discuss the process with you, help you understand your options, and work towards setting you on a positive course forward. Our lawyers are experienced in same-sex divorce cases. They can help you navigate through matters of property and asset division, spousal maintenance, child custody and child support, and any other decisions that need to be made. We will fight to ensure the outcome is fair and that your goals are met.

Divorce cases may involve issues including:

  • Property Division - Our lawyers will fight to ensure that you receive an equitable share of the joint marital estate so that you are financially secure after your divorce.
  • Spousal Maintenance/Alimony - If there is a significant difference in the income or assets of the spouses, we will work towards appropriate spousal maintenance payments, formerly known as alimony, to ensure both spouses have a reasonable standard of living.
  • Child Custody - We will help you work through the difficult decisions about parental responsibility and parenting time, always considering what is best for the child.
  • Child Support - To ensure that children are provided for, one spouse may be ordered to make payments to the other in cases where one spouse earns more, has more parental responsibilities, or has a more significant share of the parenting time.
  • Prenuptial and Postnuptial Agreements - Many couples opt to sign a prenuptial or postnuptial agreement to protect their individual assets or separate business assets from the marital estate.
  • Investments and Retirement Accounts - Assets including investment and retirement accounts are subject to equitable division during a divorce. We can help protect your financial future through strong representation.
  • Post-Divorce Enforcement and Modifications - When the income or standard of living of either spouse significantly changes after a divorce is finalized, we can help with a modification to the levels of spousal support or child support. We can help enforce the required payments from your spouse if they are being withheld.

Contact a Chicago Attorney for LGBTQ+ Marriage and Divorce Issues

The attorneys at NextLevel Law, P.C. by Daniel R. Hernandez, Esq are ready to help with any same-sex marriage or divorce cases. Our firm has a proud history in the LGBTQ+ community and can help you achieve the best possible outcome. To ensure we provide affordable legal services, we never bill by the hour. We only offer flat fees for our services so you know how much your case will cost. Call our Chicago office at 312-442-2225 or contact us online. We handle cases in English and in Spanish. Proudly serving clients in Chicago, Cook County, Lake County, Will County, DuPage County, and Joliet.

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