LGBTQ Divorce: What You Need To Know

In 2013, Illinois legalized same-sex marriage, over a year before the Supreme Court made its historic ruling in the Obergefell v. Hodges case that legalized it federally on June 26, 2015. For the LGBTQ community, this not only secured individuals’ rights to marriage equality, but equality in terms of divorce as well.

Questions About LGBTQ Divorce

With the ongoing battles in the US government system regarding LGBTQ rights, navigating through the process of a same-sex divorce can be confusing. Here are some of the most common questions regarding divorce for same-sex couples and couples with a transgender spouse.

• Can We Get a Divorce in Illinois?

Two requirements must be met before an LGBTQ divorce will be granted in Illinois.

• You and your spouse must be legally married.
• Either you or your spouse must be a resident of the State of Illinois for at least 90 days prior to filing for divorce.

• Do We Have to Divide Our Assets?

Yes, but only those assets acquired during the marriage will be included in the asset negotiation process. The court will determine the division of assets if the two individuals cannot come to an agreement on their own.

• Are We Able to Share Custody of Our Children?

Yes, a divorced same-sex couple may share the custody of their children the same as straight couples do. It is recommended to obtain an experienced LGBTQ family lawyer to ensure all parental rights are protected.

• Who Will Have to Pay Child Support?

The State of Illinois uses the “income shares method” to determine child support based on the amount of parenting time and income of each individual. The individual with the majority of the parenting time will receive the support while the individual with the least amount of time will pay the support.

Unless the unlikely event occurs where the child spends 50% of their time with each parent and both parents earn the same amount of income, child support is typically ordered in an LGBTQ divorce.

• What if We Never Married, But Stayed in a Civil Union?

The process to dissolve a civil union is very similar to a divorce. You will need to file for dissolution with the court, split assets acquired during the union, and determine custody and support of any minor children.

• Are There Benefits to Hiring an LGBTQ Divorce Lawyer?

Yes, there are several advantages to hiring an experienced LGBTQ divorce attorney including:

• Negotiating Potentially Complicated Child Custody & Parenting Plans

Determining child custody and parenting plans tends to be more difficult with LGBTQ divorces due to unique situations such as adoption, artificial insemination, or instances where one spouse is not a biological parent. An attorney familiar with LGBTQ family law can help ensure your parental rights are protected while working in the best interest of the child or children.

• Negotiating Fair Property Division

Many LGBTQ couples were in committed, long-term relationships prior to being able to marry legally. This can cause confusion regarding the division of assets accumulated during the relationship. A knowledgeable LGBTQ divorce lawyer can advocate for you and your situation to help ensure all parties receive what they are legally entitled to.

• Protecting Your Rights as an LGBTQ Individual

Although it is legal for same-sex couples and couples with a transgender spouse to get married anywhere in the United States, bias and discrimination still exist throughout the legal system. An attorney with a history of properly representing LGBTQ clients can help defend your rights against biases that can affect important issues such as spousal support or child custody.

LGBTQ Divorce Lawyers Near Me

Dissolving a marriage can be an overwhelming experience both emotionally and financially for any couple, regardless of their orientation or gender. At our law firm, we strongly believe that every person, whether gay, lesbian, bisexual, transgender, or nonbinary, has the right to obtain experienced legal counsel for their divorce or civil union. If you would like to schedule a consultation with one of our professional LGBTQ attorneys, please fill out our online form.