Yes. Illinois law provides that civil unions may be dissolved in the same manner and under the same standards as marriages. The Illinois Religious Freedom Protection and Civil Union Act grants parties to a civil union the same rights, responsibilities, and legal protections as married spouses.
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Civil Union & Same-Sex Marriage Dissolution
Chicago Civil Union & Same-Sex Marriage Dissolution Attorney
The historic United States Supreme Court decision in Obergefell v. Hodges decided in 2015 that marriage is no longer limited to heterosexuals. This expands the same rights and responsibilities to the LGBTQIA community concerning marriage and divorce as those of heterosexual marriage. However, there are unique challenges in LGBTQIA marriages, particularly when minor children are involved. WARD FAMILY LAW, LLC, has been an ongoing advocate for these basic rights and is well-versed in understanding and working through the complications that may arise.
Prior to the historic United States Supreme Court decision in 2015, the Illinois Religious Freedom Protection and Civil Union Act went into effect on June 1, 2011, making civil unions legal in the State of Illinois. This law allowed same-sex and heterosexual couples to enter into civil unions and granted them the same legal obligations, responsibilities, protections, and benefits provided to spouses in a marriage, whether they came from statute, administrative rule, policy, common law, or any other source of civil or criminal law. Illinois recognized civil unions, which afforded same-sex and opposite-sex couples a legal status similar to marriage. WARD FAMILY LAW, LLC, has handled the dissolution of civil unions and same-sex marriages and has the knowledge to provide you with guidance and answers during this process, contact our office today to schedule a consultation.
Frequently Asked Questions
What is the legal process for dissolving a civil union in Illinois?
The dissolution process mirrors divorce proceedings. One party files a Petition for Dissolution of Civil Union with the Circuit Court, the other party is served, financial disclosures are exchanged, and issues of property division, support, and any parenting matters are resolved through negotiation, mediation, or litigation.
Are civil union partners entitled to spousal maintenance in Illinois?
Yes. Civil union partners have the same rights to spousal maintenance as married couples. The same statutory factors and formulas used in divorce maintenance determinations apply equally to civil union dissolution cases.
How is property divided when a civil union is dissolved in Illinois?
The same equitable distribution principles that apply in divorce apply to property accumulated during a civil union. Property acquired during the civil union is generally treated as marital property subject to equitable division.
Are children born into a civil union protected by Illinois law?
Yes. Children of civil union partners are entitled to the same legal protections as children of married couples, including support from both parents and formal parenting plans. Custody and support matters are resolved under the same best interests of the child standard.
What if our civil union was entered in another state?
Illinois will generally recognize civil unions entered in other states. If entered in a state that has converted civil unions to marriages, the nature of the relationship for dissolution purposes may need careful legal analysis.
How does the legalization of same-sex marriage affect civil unions in Illinois?
After Obergefell v. Hodges in 2015, civil unions already in existence were not automatically converted to marriages. Couples who entered civil unions before 2015 can choose to have their civil union converted to a marriage through the Cook County Clerk's office.
Can I dissolve a civil union if I now identify differently than when I entered it?
Yes. Illinois courts do not impose identity-based restrictions on dissolution proceedings. Ward Family Law proudly serves all members of the LGBTQ+ community and provides inclusive representation in all civil union and same-sex marriage dissolution matters.
What if my civil union partner and I cannot agree on terms?
If you cannot agree, the matter becomes contested and will require court intervention. Ward Family Law represents clients through contested civil union dissolution proceedings, protecting rights on property, support, and any parenting matters.
How long does it take to dissolve a civil union in Illinois?
The timeline mirrors that of a marriage dissolution. An uncontested civil union dissolution can be finalized within a few months. Contested cases can take significantly longer depending on the issues involved.
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