What Legal Options Are Available for LGBTQ+ Couples Facing Divorce or Custody Disputes?

The recognition of LGBTQ+ rights has transformed the legal landscape in recent years, paving the way for equality across various aspects of life, including family law. However, LGBTQ+ couples still face unique challenges when navigating divorce, spousal support, property division and disputes involving the allocation of parental responsibilities. At WARD FAMILY LAW, LLC, we are committed to providing clarity and detailed guidance through these situations.

Understanding Divorce and Property Division

LGBTQ+ couples facing divorce in Illinois encounter a legal framework that is largely equitable and mirrors the laws applicable to heterosexual couples. Illinois adheres to the principle of equitable distribution when dividing marital property. However, the process can be nuanced for same-sex couples, who often face unique challenges—especially in matters involving children.  

Key Considerations for Property Division:  

• Marital vs. Non-Marital Property: Any assets or debts acquired during the marriage are considered marital property and are subject to division, including debts. Property acquired before legal marriage, however, may not be recognized as marital, even if the couple lived together for years in a marriage-like relationship.  
• Protecting Contributions: Financial and non-financial contributions, such as homemaking, are also evaluated to uphold fairness in the division process.  

If you are concerned about protecting your rights to certain assets or dividing complicated property such as businesses or retirement accounts, consulting experienced legal counsel is advised.

Addressing Spousal Maintenance

Spousal maintenance addresses economic disparities between divorcing partners. For LGBTQ+ couples, spousal maintenance determinations follow the same statutes as for other couples in Illinois. The courts look at factors like the length of the marriage, standard of living during the marriage and each spouse’s financial situation.  

Resolving Disputes Involving the Allocation of Parental Responsibilities

When it comes to determining the allocation of parental responsibilities, Illinois courts prioritize the best interests of the child. This includes decisions regarding decision-making authority (education, healthcare, religion) and parenting time. However, LGBTQ+ couples often face unique challenges stemming from issues of legal parentage.  

Legal Parentage in Illinois:  

• For Married Couples: Both partners in a married LGBTQ+ relationship are presumed to be legal parents, even when one partner lacks a biological connection to the child.  
• For Unmarried Couples: Non-biological parents may need to establish parentage through a Voluntary Acknowledgment of Parentage or court adjudication to solidify their legal rights.  

Once parentage is determined, courts assess factors like the child’s adjustment to home and school, each parent’s involvement in caregiving, and the ability of parents to cooperate, ensuring arrangements serve the child’s physical and emotional well-being.

Protect Your Family and Your Rights with WARD FAMILY LAW, LLC

The legal challenges facing LGBTQ+ couples are complex, often requiring careful navigation and planning. Protecting your assets, your rights as a parent, and your financial stability is crucial during this difficult time. At WARD FAMILY LAW, LLC, we are dedicated to fighting for your best interests with empathy, skill, and experience.  

If you are facing same-sex divorce, contact WARD FAMILY LAW, LLC today. Our team of professional family law attorneys is here to help you secure the outcome you and your family deserve.