Oak Park Same-Sex Divorce Lawyer

Attorneys Assisting With Marriage and Divorce for LGBTQ Couples in Cook County

Everyone deserves to live happily with the partner of their choice, and in recent years, the laws throughout the United States have been changed to protect the rights of both same-sex and heterosexual couples. While same-sex marriage is legal in every state, LGBTQ couples may still face a variety of concerns when getting married or divorced. When working to address these matters, the assistance of a skilled family law attorney is crucial.

At Wakenight & Associates, P.C., our lawyers can help you manage the avalanche of legal issues that you must deal with in a same-sex family law case. With more than 95 years of combined experience, we can ensure that you meet your legal requirements while working to protect your rights and helping you achieve a positive outcome to your situation.

LGBTQ Family Law Issues

Same-sex couples have the same rights and responsibilities as heterosexual partners when getting married or divorced. However, some unique situations can arise when addressing family law issues for gay or lesbian couples, including:

• Civil unions - Before same-sex marriage was made legal, Illinois and other states allowed couples to enter into a civil union, which provided them with rights similar to those of married couples. A civil union may be converted to a marriage, and the date the civil union was created may affect some of the decisions made during divorce.
• Marital property - As with heterosexual couples, property acquired by same-sex couples during their marriage is considered marital property that must be equitably divided between spouses in the case of divorce. However, same-sex spouses may have been in a relationship for many years before they were able to get married, and determining ownership of any property acquired before the date of marriage can often be a complex matter. In order to avoid conflict and protect their rights, a couple may choose to enter into a prenuptial or postnuptial agreement that specifies who will own certain assets if they ever choose to get divorced.
• Alimony - The same eligibility rules for spousal maintenance apply to same-sex spouses as to different-sex spouses, and a spouse who earns a lower income may be able to receive spousal support from their former partner after divorce. However, the law states that the duration of these payments will be a percentage of the length of the marriage, even if a couple had been together for years before they were allowed to get married. In order to ensure that an ex-spouse receives the support they deserve, couples may want to sign a prenup or postnup.
• Child custody - In order to protect the rights of same-sex parents, couples should take steps to ensure that both spouses are named as a child's legal parents. If necessary, a spouse may need to adopt their partner's biological child. This will ensure that if the parents choose to divorce, they will both have the rights to share in parental responsibility and parenting time, and children will be able to receive child support from both parents. 

Contact Our Chicago Family Law Attorneys

LGBTQ families should be able to enjoy the same rights as everyone else, and the attorneys of Wakenight & Associates, P.C. can help you take the proper steps to protect those rights, no matter what happens. Contact us today at 708-480-9651 to arrange a free initial consultation. We assist gay and lesbian spouses with divorce and family law cases in Oak Park, Maybrook, Riverside, Chicago, Forest Park, Skokie, Berwyn, Elmwood Park, Cicero, River Forest, and Cook County.