Unique Issues in Same-Sex Divorces

 Posted on October 22, 2020 in Family Law

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.

It is for this reason that same-sex couples are often encouraged to draft a premarital agreement or a post-nuptial agreement. These contracts can outline the assets a person will receive in the event of divorce, the maintenance one spouse will receive, and more.

Additionally, the issue of child custody is often one that becomes extremely complicated in same-sex divorces. Child custody is always a contentious issue, but one parent in a same-sex marriage may find that they do not have as many rights as their spouse. For example, if one spouse carried and birthed a child and the other spouse did not legally adopt them, the non-biological parent may not have any right to child custody.

Our Illinois Divorce Lawyers can Help with Your Unique Issues

Same-sex couples have just as many rights as any other couple in the state, including the right to get divorced. However, there are many unique issues involved in these cases and it is always recommended to work with a skilled Hinsdale divorce lawyer that can help you sort them out. At the Law Office of Martoccio & Martoccio, our skilled attorneys have the necessary experience to help you resolve these issues, and ensure your rights are upheld at all times. Call us today at 630-920-8855 or contact us online to schedule a free initial consultation so we can review your case.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000