Same-Sex Divorce Lawyers in Chicago

You should strongly consider hiring an attorney if you have children (especially if you’re not the biological parent), you were together before marriage became legal in 2014, your divorce is contested, or your spouse has an attorney.

For non-biological parents, your parental rights may not be automatically protected under Illinois law. Without proper legal documentation and advocacy, you could lose custody or parenting time entirely. For couples together before 2014, property acquired during your pre-marriage relationship is technically non-marital property, meaning it may not be divided fairly without experienced legal representation.

Not all family law attorneys understand LGBTQ+-specific issues like establishing parental rights under the Illinois Parentage Act or arguing for equitable distribution of pre-marriage property. Whether you’re seeking a lesbian divorce lawyer, gay divorce attorney, or same sex divorce attorney in Chicago, experience with the unique challenges facing LGBTQ+ couples matters.

When evaluating attorneys, ask specific questions: How many same-sex divorce cases have you handled? Have you successfully established parental rights for non-biological parents? How do you approach property division for couples who were together before marriage was legal?

Property acquired before June 1, 2014 (when same-sex marriage became legal in Illinois) is technically non-marital property under Illinois law, meaning it belongs to the person whose name is on the title or account, if it was not gifted to the marriage or comingled with marital property However, Illinois courts have discretion to consider contributions made to property even when it’s technically non-marital. To secure fair division of pre-marriage property, you need to document your full relationship history and prove your contributions. This includes financial contributions like mortgage payments or down payments, as well as non-financial contributions like home improvements, supporting your partner’s career, or maintaining the property. Without strong legal advocacy presenting this evidence, courts will default to the title holder keeping pre-marriage property.

The Illinois Parentage Act of 2015 (effective January 1, 2016) expanded the definition of “parent” to include individuals who lived with the child from birth, established a bonded parent-child relationship with the legal parent’s consent, and accepted full parental responsibilities. To establish your parental rights as a non-biological parent, you must file for allocation of parental responsibilities under 750 ILCS 5/602.5 and provide comprehensive evidence of your parental relationship. This includes documentation of living with the child since birth, medical and school records showing your involvement, photographs and videos throughout the child’s life, financial support records, and witness testimony from family, friends, and professionals who can confirm your parental role. If you haven’t completed a second-parent adoption, act immediately because waiting can weaken your case. Courts will evaluate whether you have an established parent-child relationship and whether granting you parental rights serves the child’s best interests.

Illinois uses a guideline formula to calculate spousal maintenance based on each spouse’s income and the length of the marriage. For marriages under 5 years, maintenance duration is typically 20% of the marriage length. This percentage increases with marriage length, up to permanent maintenance for marriages of 20 or more years. The challenge for same-sex couples is that these calculations only consider your legal marriage. If you married in 2015 but were together since 2005, the court may only consider your relationship as 10 years rather than 20 years. To argue for fair maintenance, your attorney must present evidence of your complete relationship history, financial interdependence before marriage, and each spouse’s contributions during the entire relationship. Courts have discretion to deviate from the guidelines based on factors including the standard of living during the marriage, each spouse’s earning capacity, contributions to the other spouse’s career or education, and each party’s realistic ability to meet their needs post-divorce. This can be a very difficult part of a divorce where the parties have been together for years but only married for a short duration of time.

If you entered a civil union before same-sex marriage became legal on June 1, 2014, your civil union is dissolved through the same divorce process as a marriage under 750 ILCS 5/209. Illinois law treats civil unions identically to marriages for dissolution purposes, meaning you’ll go through the same steps: filing a petition, serving your partner, exchanging financial information, and reaching settlement or going to trial. If you converted your civil union to a marriage, the date of your civil union becomes your marriage date for purposes of calculating marriage length. The complication with civil unions is determining what property is considered marital. Property acquired during your civil union is marital property, but if you were together before entering the civil union, that earlier property may be treated as non-marital. Courts will need to evaluate multiple time periods: time together before civil union, time in civil union, and time in marriage if you converted. This requires careful documentation and legal strategy to ensure fair property division.

If you’re in an international same-sex marriage, you can file for divorce in Illinois if either you or your spouse meets the 90-day residency requirement. Illinois recognizes same-sex marriages performed in other countries. However, international divorces can involve complex jurisdictional issues, particularly regarding property division, child custody, and enforcement of orders across borders. Immigration status may also be affected if your residency is based on your marriage. Consult with an attorney experienced in both same-sex divorce and international family law matters.

The best way to protect assets is through a prenuptial or postnuptial agreement that clearly defines what remains separate property. If you already own property before marriage, keep it titled solely in your name and never commingle it with marital funds. If you receive an inheritance during marriage, deposit it into an account in your name only and keep thorough documentation.

For same-sex couples, protecting pre-marriage assets is especially critical since you may have been together for years before marriage was legal. Property acquired before June 1, 2014 is technically non-marital, but proper documentation and separation of funds is essential to maintain that status. Avoid transferring pre-marriage property into joint names or using marital funds for improvements, as this can convert separate property into marital property.

The legal process and protections are the same whether you’re in a lesbian, gay, or any same-sex divorce. Illinois law treats all married couples equally. To protect your rights during divorce, hire an attorney with specific experience in LGBTQ+ family law who understands the unique challenges facing same-sex couples.

Key steps to protect yourself: If you’re not the biological parent of your children, immediately work to establish your parental rights under the Illinois Parentage Act when applicable. Document your full relationship history, especially if you were together before marriage became legal in 2014, to protect your share of pre-marriage property. Keep detailed records of all financial contributions to shared assets. Consider second-parent adoption if you haven’t completed it. Don’t sign any agreements without legal review.

The most critical factor is choosing an attorney who has successfully represented women or men in same-sex divorces and understands issues like non-biological parental rights, equitable property division for long-term relationships, and how to present your case effectively to Illinois courts.