Same-sex marriages have been legal for nearly a decade in Illinois, meaning that some of those couples will also face the issues of divorce. Same-sex couples that need to get a divorce will still have to resolve the common issues of divorce, including property division, spousal maintenance, and perhaps even child support. However, same-sex divorces also raise some unique issues that are not present in other cases. An Illinois divorce lawyer can help any person going through a divorce sort through these issues, and give them the best chance of securing a positive outcome in their case.

Are Same-Sex Divorces Legal?

Once same-sex marriages became legal, same-sex divorces also became legal, as these couples have the potential for divorcing just like any other. However, same-sex couples will still have to meet all of the requirements for divorce in the state. Firstly, the couple must be married. Simply living together or being together for a long period of time is not enough to get an official divorce. Individuals that want to file for divorce must also meet the residency requirement, meaning that they must have lived in the state for 90 consecutive days before filing.

What Are the Unique Issues Pertaining to Same-Sex Divorces?

Although same-sex couples will have to resolve many of the terms associated with other divorces, these cases do have some unique issues. One of these is that a couple’s relationship may have begun long before same-sex marriages became legal in the state. They may have acquired property together that would usually be considered marital property, but because the couple was not technically married at the time, it is considered separate property.

Even when a divorce is mutual, the two people involved can become adversarial towards each other. Things can quickly change during a divorce case, and one side may start acting purely out of anger and frustration. When this is the case, it is important that you protect yourself by properly communicating with your spouse. This can prevent something as simple as a conversation from becoming used as evidence against you in your case.

Text and Email Whenever Possible

Using text and email during a divorce case can provide you with valuable evidence. These forms of communication will verify that you and your spouse have come to an agreement on a certain issue, or they can prove that the other side is abusive. Many people think that communicating by text or email is less personal, but this is exactly what helps keep hurt feelings out of conversations.

Do Not Always Reply Right Away

The other benefit of communicating by text or email is that you do not have to respond right away. During a divorce, something is bound to be said in the heat of the moment, particularly when discussing contentious terms such as child custody. Taking some time to cool off and think about how you should reply can be very beneficial, and help you get what you want in the end.

The word divorce is often associated with short marriages that were the result of a spontaneous weekend but truthfully, a marriage of any length can end in divorce. When a couple gets divorced after a long marriage, they will likely face issues that may not be present when a couple divorces after only being married for a short time. Below are the three most common issues that come up in divorce cases when a couple has been married for a long time.

Complex Property Division Issues

Property division is a complex issue in any divorce, but the matter becomes particularly complicated when the couple has been married for a long time. Property division relies on dividing marital property between separate property, and this is difficult after a long marriage. Over time, a couple’s separate property is likely to become commingled in joint bank accounts, meaning it may be subject to property division rules, even though it is separate property.

Other property division matters also become more complicated when a couple has been married for a long time. For example, both spouses may have accumulated savings in retirement accounts, and these must also be divided. If the spouses have an estate plan, it is also important to change these, as it is likely that the spouses named each other as beneficiaries.

Getting a divorce is a stressful and confusing time. Without knowing what to expect, you could end up in a lengthy court battle, and spend way more than you have to. If you are considering divorce, or the process has already started, check out the eight tips below that can help you get through it.

Forget Fault

Illinois is a no-fault divorce state, which means neither of you has to prove drunkenness, infidelity, or any other type of fault. If possible, it is important not to focus on who was at fault, as this can lengthen the divorce and will make the process more challenging and stressful.

Agree Whenever Possible

No one expects anyone going through a divorce to be agreeable all of the time. However, it is important to know which battles to fight, and which ones to avoid. Determine what is most important to you and hold firm on those terms while compromising on the rest.

There was a time when people would not even think of getting a divorce after many years of marriage, even if they were unhappy. Historically, the majority of people simply did not see the point of getting divorced after a long marriage and were content enough to just wait it out. That is no longer the case today. Now, people are more willing to get divorced if they are unhappy, no matter how long they have been married. When they do, there are certain things to take into consideration that may not necessarily be a factor in a divorce after a shorter marriage.

Maintenance

In some divorce cases, judges will award maintenance, also known as alimony. Maintenance is more likely to be awarded after a lengthy marriage, particularly if one spouse remained at home for a long time to care for children. When this is the case, the spouse that remained at home is likely to be in a worse financial position, and may not have the skills necessary to return to the workforce right away. In these instances, a judge will most likely award that spouse maintenance, at least for a period of time.

Financial Challenges

In addition to one spouse being more susceptible to financial hardship after a divorce, there are other challenging financial aspects associated with divorce after a lengthy marriage. Property division issues are complicated in any divorce, but this is especially true when the marriage was a long one. A couple that has been married for a long time may have their finances spread around in retirement plans, stock options, Social Security benefits, joint bank accounts, and more. All of these assets must be divided, and that can be difficult.