Illinois Lawyer Referrals and Legal Guidance
Gay Marriage, Divorce and Breaking Up in Illinois
If you are in a same sex relationship, you cannot get married in Illinois. Which also means that you cannot get divorced in Illinois, or at least not in the traditional sense.
While you can’t get married in Illinois, if you so desire you can enter in to a civil union. This law allows same sex partners (as well as opposite sex partners) to enter into a civil union that entitles them to all of the rights and responsibilities of the laws of Illinois for married spouses.
This means that, though there will not be a marriage, the couple that will enter into a civil union can also have a formal dissolution of that union if it doesn’t work out. The dissolution action should be the exact same as a dissolution of marriage, so that alimony and other rights and obligations under the dissolution of marriage laws should apply to the civil union dissolution.
Additionally, for the same sex couple that has been legally married in another state, Illinois will treat that marriage as a civil union for the purpose of applying its laws, and the couple should be able to have an Illinois dissolution action if they break up.
While this Act in Illinois appears that it will make ending a same sex relationship in Illinois easier, it may also add other complications that “traditionally” married couples face in a divorce such as dividing a pension, property disputes, debt and asset disputes, etc.
So whether you were married in another state, or are planning to enter into a civil union in Illinois, or are just in a same sex relationship that is breaking up, a family law attorney is probably the best way to address these issues. That said, there are only a handful of lawyers that have this type of experience. Some don’t take these cases because of political views. Some don’t take them because it’s a different kind of work than they are used to. And some attorneys would love to take these cases, but they have no experience with it so of course you probably don’t want to hire them. The right family law attorney can help you figure out how to make the best of a break up, and protect your rights.
If you have any questions about this law or if you are looking for a gay friendly attorney to represent you, please contact us at any time and we will try to point you in the right direction. All calls are free and confidential.
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