Divorce is the dissolution of a legally binding marriage, which makes it a complicated legal matter. Divorce, however, is also the dissolution of an important relationship in your life, which makes it a complicated emotional matter, as well. This is true for every divorce – regardless of how you or your spouse identifies – whether LGBTQIA+ applies. Because same-sex marriages have only been legal for a relatively short amount of time, you may face your own set of unique legal complications – or even biases – that an experienced LGBTQIA+ divorce attorney in Chicago can help you address head on.
Divorce law applies equally to every divorce, and this includes divorces for same-sex couples or any person identifying as LGBTQIA. It’s important to note that you have all the same parental and financial rights in this arena as anyone else who is facing a divorce and protecting these rights is critical. Working with an attorney who is experienced at guiding LGBTQIA+ divorces can help you feel heard and help ensure that any unique complications and/or challenges you do face receive the professional legal attention they require and deserve.
The basic terms that you must resolve for your LGBTQIA+ divorce are the same ones that every couple going through a divorce must resolve, and they include (as applicable):
Those assets that you and your spouse acquired over the course of your marriage are considered marital property, which must be divided between you in a manner that is deemed equitable (or fair given the situation) in the event of a divorce. This division can become extremely complex – and contentious – especially if any of the following apply:
In Illinois, what was formerly known as child custody breaks down into what is now called parental responsibility (who will make the big-picture decisions on behalf of your children) and parenting time (how you and your ex will split your time with your children). These items are then incorporated into an allocation judgment indicating each parent’s responsibility and finding middle ground on these matters can prove incredibly difficult. Child support payments help to ensure that both parents share the responsibility of supporting their children financially (according to the financial ability of each to do so as outlined in the income shares model utilized in performing child support calculations in Illinois).
Alimony, which is known as maintenance in Illinois refers to payments made by one ex to the other when divorce creates a financial imbalance between them. Alimony, also known as maintenance, is generally intended to give the recipient the boost he or she needs to gain financial independence (via additional education and/or job training or time to secure employment or other financial considerations).
The resourceful LGBTQIA+ divorce attorneys at WARD FAMILY LAW in Chicago have the experience, skill, and compassion to help you. To learn more, please don’t hesitate to contact us today.
Love and marriage. We needed a prenup because our families made us do one just to be safe. The entire thing was smooth so we could focus on our wedding and not be too crazy with the prenup. The agreement was drafted and reviewed by each of our attorneys, we signed and we were married. Woo Hoo. Thanks again, Ward Family Law.
10/10 is my rating for Ward Family Law. Jennifer and Emily went above and beyond in my divorce case. I cannot say more praise.
I lost my job but still had to pay the child support. I was scrambling. I talked to Jennifer Ward and she explained the process and the need to quickly file to put the court on notice that my child support needed to change. She saved me so much money in the long run while I looked for a new job so that I could start paying to help my kids again. Losing my job was not in the plan but at least my kids are on track.
If you would like an attorney to contact you for a free consultation, please complete this form.