We offer comprehensive support for various LGBTQ family law matters, backed by our expertise, skills, and resources. Our attorneys are prepared to represent clients in the following areas:
Divorce for Marriage or Civil Union
The dissolution of a marriage or civil union often involves complex and emotional challenges. Issues such as property division, spousal support, parenting time, child support, and parental responsibilities can be contentious. We help you navigate the divorce process, explain your options, assist with negotiations, represent you in mediation, and advocate for you in court if necessary.
Child Custody Disputes for Same-Sex Parents
Custody disputes can be particularly complex for LGBTQ families. For example, a non-biological parent in a same-sex marriage may wish to formally adopt a child, which often requires terminating the other biological parent’s rights. During divorce proceedings, disagreements may arise over decision-making responsibilities for the child. Our team is experienced in handling these sensitive matters with care and professionalism.
Property Division in Same-Sex Divorces
Property division during divorce is based on equitable distribution, aiming for fairness rather than an even split. Challenges often arise for same-sex couples who may have shared assets for years before legally marrying. We can help clarify the distinction between marital property—acquired during the marriage—and separate property, obtained before marriage or through gifts or inheritance.
Prenuptial Agreements
A prenuptial agreement can outline how assets and debts will be divided in the event of a divorce. LGBTQ couples benefit from these agreements just as much as different-sex couples. While the idea may seem unromantic, prenups can foster trust by facilitating open communication, offering financial security, and defining asset ownership.
Same-Sex Marriage vs. Civil Union
The legal landscape for same-sex relationships is continually evolving. Illinois has allowed civil unions since 2011, but marriage offers greater advantages, including nationwide recognition and federal rights. If you are in a civil union, you may wish to consider transitioning to marriage for access to these additional legal and financial benefits.
We are here to guide you through the unique challenges and opportunities that LGBTQ family law presents, ensuring your rights and interests are protected every step of the way.