The state of Illinois recognized the fundamental right of the LGBT community to get married in November 2013, which also legalized same-sex divorce. It’s the same as any other divorce in Chicago and its suburbs, but for most people, it makes sense to hire a divorce lawyer who understands the issues you’re facing regarding property division, child custody and more. Not all lawyers are sensitive to or understand special issues that may arise in a same-sex divorce. Our office is sensitive to the unique issues that may arise in your case.
What Your Same-Sex Divorce Lawyer Will Address
Your attorney can help you sort out issues related to:
- Property division, including retirement assets
- Spousal maintenance
- Child custody, visitation and parenting time
- Child support
- Veteran and military benefits
- Orders of protection
- Other issues related to your divorce
Although divorce law does not discriminate by gender or sexual orientation, some LGBTQ divorces involve significant property division issues; that’s because gay marriage was only legalized in 2013, but many couples were couples accumulating joint property[SC1] long before then. Although the property may not be technically considered marital, what is equitable or not is still a very contentious issue.
During and after your divorce, one of you may be entitled to spousal support. Generally, the courts issue temporary or permanent spousal maintenance orders, depending on your individual circumstances. Your LGBTQ divorce attorney will evaluate the necessity of spousal maintenance in your case and will fight hard to preserve your rights.
Child Custody, Visitation and Parenting Time
Both parents are entitled to spend frequent and quality time with their children during and after a divorce. Your attorney will help you work out a parenting plan after you determine what type of custody agreement is in your child’s best interest.
Both parents are responsible for providing financially for a child. Typically, the noncustodial parent in a divorce is responsible for paying child support to the custodial parent. Your same-sex divorce attorney will help you determine how much child support is likely to change hands based on both of your incomes and the number of children you share, and she’ll help ensure your children get what they deserve.
Veteran and Military Benefits
Spouses of military members are generally entitled to receive military benefits, at least for a certain period of time after a divorce. In many cases, military spouses are also entitled to receive veteran benefits, such as retirement income from a pension. Your LGBTQ divorce lawyer will help determine what you or your spouse is entitled to receive and can help sort out the issues that arise involving military pensions, healthcare benefits and more.
Orders of Protection
You or your spouse may have taken out – or may need to take out – an order of protection against the other party. In either case, your attorney can give you the legal guidance and help you need to make it through this difficult time.
Do You Need to Talk to a Same-Sex Divorce Lawyer?
I can help you work through every aspect of your divorce, and I’ll be happy to answer your questions at any time. Call me at 312-929-5279 for a complimentary consultation today.