What rights do Illinois same sex couples have in a marriage or civil union?

Illinois state law is intended to award the same benefits heterosexual couples receive in a legally recognized marriage to married same sex couples. A civil union in Illinois confers all of these benefits, rights, and obligations other than the status of marriage. Same sex couples in a civil union can jointly own property and be held jointly responsible for debts. They can make medical decisions for their spouse in a medical emergency, inherit assets of a deceased spouse, and (for non-biological parents) adopt a child born into the union. Same sex couples can enter into prenuptial agreements before entering a marriage or civil union or postnuptial agreements during the course of their marriage or civil union. In the event of a dissolution of the marriage or civil union, same sex spouses may divide property, receive alimony, and establish custody, visitation, and financial support of any children. A spouse in the process of dissolving a same sex civil union or marriage can and should seek professional legal guidance from an experienced Bannockburn civil union lawyer.

How do you dissolve a civil union in Illinois?

The legal process of dissolving a civil union in Illinois begins with filing a Petition for Dissolution. However, even before you file this form, it can be helpful to consult a same sex family law attorney in Lake County, IL, about your legal rights, options, and obligations. Failing to fill out the form accurately or completely or to follow all necessary steps could prevent your dissolution from moving forward, dragging out a divorce or division. An attorney can ensure all legal requirements are met and assist you in resolving questions of property division, support payments, child custody, and more.

Do family law attorneys handle civil union divisions?

A family law attorney may be able to assist you with your civil union division, particularly if they have experience in matters of same sex marriage and family law issues that pertain to LGBTQ+ rights. State law in Illinois recognizes spouses in civil unions as having the same rights and legal status in the event of dissolution as those in legally recognized marriages. Choosing an attorney with experience and a longstanding commitment to assisting same sex couples in civil unions can help you ensure that you receive reliable advice and compassionate treatment from your legal team throughout the proceedings.

What should you look for in a Bannockburn civil union lawyer?

With all that you’re going through due to the dissolution of your civil union, the last thing you need is more stress. Naturally, you want to look at a law firm’s experience, results, and whether they offer the comprehensive range of family law services you could potentially need for your case. However, it’s particularly important that you choose an attorney with whom you can feel comfortable, one who treats you with the respect you deserve and compassion for this difficult situation you’re going through.

Bannockburn Civil Union Lawyer | Same Sex Family Law Attorney Lake County, IL

Same Sex Family Law Attorney in Lake County, IL Advocating for LGBTQ+ Rights in Bannockburn, Cook County, DuPage County, Will County, and Throughout Northeastern Illinois

The end of a civil union or same sex marriage marks a major change in your life. This period isn’t just emotionally difficult. The legal process of dissolving your union can be confusing and stressful, as well. Let a Bannockburn civil union lawyer at the Katz, Goldstein & Warren Law Firm handle your case and help you achieve a favorable resolution.

Matters of civil union division and same sex marriage dissolution can present unique challenges, but our attorneys are equipped to sort out the nuances of the legal issues and pursue outcomes that benefit you. For a confidential initial consultation, contact us today.

Civil Unions and Same Sex Marriage in Bannockburn, IL

State law in Illinois currently recognizes both civil unions and same sex marriage.

The state’s civil union law, enacted in 2010, currently treats civil unions “identically” to marriage, per the Illinois Department of Insurance. In 2013, the Religious Freedom and Marriage Fairness Act established legal recognition of same sex marriage in the state.

Legal Rights in a Civil Union or Same Sex Marriage

Generally, same sex couples in either a civil union or marriage in Illinois have the same rights as heterosexual couples, including joint property ownership, joint responsibility for debts, and the ability to adopt children born into the family.

Importantly, same sex couples also have the same state-level rights in the dissolution of a marriage or civil union. This means that divorce or dissolution of legally recognized same sex couples, regardless of whether in a civil union or a marriage, may also involve matters pertaining to the following:

Equitable division of property
Maintenance or alimony (spousal support)
Child custody and visitation
Child support

A Bannockburn civil union lawyer at the Katz, Goldstein & Warren Law Firm can help you navigate the complex issues surrounding civil unions and same sex marriage.

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Dissolution of Civil Union or Same Sex Marriage

Under Illinois state law, the process of dissolving a civil union or same sex marriage is very similar to the process of dissolving a marriage between a heterosexual couple. In fact, the process begins with the filing of a Petition for Dissolution of Marriage/Civil Union form. This form comes in two versions, but the difference between them has nothing to do with whether the domestic partnership was a civil union or a marriage. Rather, there are separate forms for matters involving divorce with children and divorce with no children.

In either case, you will provide information regarding “irreconcilable differences,” which is the only reason that constitutes grounds for divorce under Illinois state law. You can demonstrate irreconcilable differences by:

Having been separated from your spouse for at least six months, in separate households or in the same household
If you have been separated for less than six months, indicating that you and your spouse can no longer get along with each other and either tried to fix marital problems but could not do so or that further attempts at reconciliation are not in the family’s best interests

Throughout the course of divorce proceedings, you and your spouse or partner will have to come to agreements about the division of property, any maintenance (alimony) support paid by one partner to the other, and, if applicable, the custody of and obligation to financially support any children. This resolution may be reached amicably through cooperative means like collaborative law or mediation, or it may require litigation.

The benefit of having a skilled Bannockburn civil union lawyer handling your case for you is having professional legal representation in any approach you may take to resolving marital disputes and finalizing the divorce.

How the Katz, Goldstein & Warren Law Firm Can Help

Both marriage and civil unions are legally recognized relationships between parties in a domestic partnership. As such, dissolving either a same sex marriage or a civil union is a legal process. The legal requirements for dissolving a civil union or marriage make it wise to have an attorney on your side even for relatively uncomplicated cases, but given the nuances involved in civil unions and same sex marriages, it’s particularly important to approach this process with trusted legal guidance.

At the Katz, Goldstein & Warren Law Firm, you can rely on your same sex family law attorney in Lake County, IL, to handle every aspect of the dissolution proceedings for you. We can assist with all parts of your divorce or dissolution case, including:

Discovery and financial analysis
Business valuation if one or both spouses own a business
Property division, including division of retirement plan and benefit assets
Spousal maintenance and alimony payments
Child custody and visitation
Child support payments

We know that no two divorces or dissolutions are exactly the same. That’s why we assist our clients in whatever approach to resolving disputes best suits their needs and goals. We can help by representing you in:

Divorce litigation
Mediation
Collaborative law
Settlement negotiations
Post-decree proceedings, if needed, after the divorce is finalized

We’re here to assist you throughout every stage of the civil union division process—for every question, every legal option, and every obstacle.

Why Choose the Katz, Goldstein & Warren Law Firm?

When you’re looking for a same sex family law attorney in Lake County, IL, look no further than the Katz, Goldstein & Warren Law Firm. We’re known throughout the North Shore for our extensive experience, compassion, comprehensive commitment to providing family law services, and proven results.

Experience: Our team has served families in Northeastern Illinois for more than 25 years, helping them achieve the most beneficial outcomes in family law issues so they can move forward.
Compassionate approach: Family law matters are, by nature, sensitive topics that affect your life in significant ways. Throughout the proceedings, our goal is to protect your privacy and dignity, take the stress of the legal matter off your plate as much as possible, and provide respectful, empathetic support for all that you’re going through.
Commitment to family law: Through our comprehensive knowledge of family law services, we’re prepared to handle every aspect of your case, tackle every problem, and explore all options for reaching thoughtful solutions to disputes.
Proven results: Our team is known for the favorable resolutions we attain for our clients, whether through methods of alternative dispute resolution or through litigation and if needed, trial.

Contact a Bannockburn Civil Union Lawyer Today at the Katz, Goldstein & Warren Law Firm for an Initial Consultation

Contacting a same sex family law attorney in Lake County, IL, may seem like a big step, but our team makes it easy to explore your options and understand what to expect from the legal process, starting with a confidential initial consultation.

For help from a civil union dissolution attorney in Bannockburn, IL, contact the Katz, Goldstein & Warren Law Firm online or call us today.

Bannockburn Civil Union Lawyer