Is Calling it Quits More Complicated for LGBT+ Couples?

Posted on in Divorce

IL divorce lawyerSame-sex marriages are allowed in Illinois, but there are still many couples who opt for civil unions. In Illinois, civil unions provide couples with the same legal rights and responsibilities as marriage. When it comes to a civil union dissolution, the same issues need to be addressed as in a divorce. If you have been cohabitating and are planning to call it quits, it is best to work with an experienced Illinois civil union dissolution attorney to protect your rights.

How is Property Divided if We Were Just Living Together?  

Same-sex marriages have been legal since 2015 in the United States. But the reality is that many same-sex couples were already living together in Illinois. A civil union dissolution can complicate how their property is divided if the couple is considering parting ways. Illinois law states that assets acquired during the marriage are considered marital property, while assets acquired before the marriage are non-marital property, with some exceptions. If a couple lived together but did not marry, the money and possessions they obtained during that time may be seen as non-marital property.

How Can Same-Sex Couples Deal with Child Custody Issues?

Child custody can also be a complex issue for same-sex couples. For instance, if one spouse has a child with a previous partner, their current spouse may not automatically have any legal rights to parenting time or parental responsibilities. This can be tough for both the step-parent and the child involved. The good news is that Illinois law allows step-parents to request visitation with the child in specific circumstances. In these situations, it is crucial to have an experienced attorney who can strongly represent your rights in and out of family court.

What Happens to Our Children if We End Our Civil Union?

In Illinois, the courts act in the best interest of the children when determining child custody.

Sorting out child-related matters is often the trickiest and sometimes most conflict-ridden part of ending a civil union. If both partners are legal parents to the children, they need to create a parenting plan for the court. This plan outlines how they will divide parental responsibilities and parenting time. If both partners agree, they can submit a joint parenting plan.

If they disagree, the court steps in and makes a decision based on what is best for the child. The parent who gets most of the parenting time, often called the residential parent, may also receive child support from the other parent. 

Schedule a Free Consultation with a Kane County Civil Union Lawyer

If same-sex couples decide to go their separate ways after living together, some issues may arise. An LGBT civil union dissolution can be quite complicated, but there are steps you should follow. If you are in a same-sex relationship call 630-584-5550 for a free consultation. A St. Charles, IL civil union attorney can provide legal support when you most need it.

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