• Chicago Downtown Office
    • 20 N. Clark Street, Suite 3300 Chicago, IL 60602
  • Northbrook, IL Office
    • 5 Revere Drive, Suite 200 Northbrook, IL 60062
same sex divorce lawyers
Same Sex Divorce Lawyers

Experienced Same Sex Divorce Lawyers Advocating for You

Let us provide the keen legal insight and unwavering advocacy you need.

Same-sex marriage is legal in the State of Illinois, and faces the same laws when a marriage is terminated. Same sex relationships may be faced with unique challenges that require the professional services of same sex divorce lawyers. If you’re considering dissolution of your same-sex marriage, it’s important to seek guidance and expertise that the Chicago’s divorce attorneys at Anderson Boback & Marshall can provide. The Religious Freedom and Marriage Fairness Act in 2014 grants the same rights to same-sex married couples as those in any other marriage. 

Prior to the passing of this bill, same-sex couples had the options of entering into a civil union or a domestic partnership. However, those options only provide some protections to the relationship. Traveling to a state that did not recognize civil unions could be problematic. Now that same-sex marriages are recognized in Illinois, the rights and protections under Illinois’ divorce laws also apply.

For couples joined in civil unions, the law provides legal protection and rights such as the right to file joint state income tax returns, the right to medical coverage under a partner’s health insurance plan, the right to make medical decisions, and survivorship rights. For Chicago couples that decide to convert their civil union into a marriage, it’s beneficial to work with a same-sex lawyer who has an in-depth knowledge of family law in Illinois.

We understand that you may have questions about your rights and responsibilities, particularly when such relationships come to an end.

Same-sex divorce involves many of the same legal processes as heterosexual divorces but can include unique challenges. Here are some frequently asked questions about same-sex divorce and attorneys who specialize in this area:

The legal process for obtaining a divorce is generally the same for same-sex couples as it is for heterosexual couples. However, issues like the recognition of marriage (especially if married before legalization in certain states), parental rights, and division of assets accumulated before marriage can present unique challenges.
While any licensed family law attorney can technically handle a same-sex divorce, it may be beneficial to work with an attorney who has specific experience with LGBTQ+ family law issues. This expertise can be crucial in navigating complex scenarios that are more common in same-sex divorces, such as disputes over parentage.
Asset division follows the same laws that apply to heterosexual divorces, which means they are divided equitably or equally depending on the state. However, same-sex couples may face challenges in establishing the length of cohabitation and joint asset accumulation, especially if they were together long before same-sex marriage was legalized.
Child custody can be particularly complex in same-sex divorces, especially if both spouses are not legal parents. If only one spouse is the biological or adoptive parent and the other spouse has not legally adopted the child, establishing parental rights and responsibilities can be complicated.

Spousal support or alimony is calculated in the same way as in heterosexual divorces, based on factors such as the length of the marriage, each spouse’s financial status, earning capacity, and contributions to the household. However, calculations might be affected by the fact that the couple might have been together before same-sex marriage was recognized legally, affecting the perceived length of the marriage.

Since states differ in when they legalized same-sex marriage and how they recognize such unions, couples might face legal complications if they married in one state but seek a divorce in another that has different laws regarding same-sex marriage and divorce.
Yes, it’s advisable to hire a divorce attorney if you were married in a different state, especially if there are significant discrepancies between state laws regarding same-sex marriage and divorce. An attorney can help navigate the legal complexities and ensure that your rights are protected.
Look for an attorney who has experience with same-sex family law cases and is familiar with state-specific laws and challenges. An attorney who is knowledgeable about the LGBTQ+ community’s unique needs and sensitivities is also beneficial.
For non-citizen spouses, divorce could potentially affect their immigration status, especially if the marriage to a U.S. citizen was a basis for their residency or citizenship application. It’s crucial to consult with an attorney who understands both family and immigration law in these cases.
The duration of a same-sex divorce is similar to any divorce and depends on the complexity of the case, whether it is contested, and the efficiency of the court system involved.

Unique Challenges for Same-Sex Divorce

Each spouse going through a divorce needs to protect their rights and interests, with unique challenges facing those in a same-sex divorce. When children enter the marriage whether, through surrogacy or adoption, both partners are considered the legal parents of the children. This means married same-sex couples have the same parental obligations, rights, and issues just like any other divorcing couple.

Anderson Boback & Marshall help you determine and establish your rights and protect your interests throughout your same-sex divorce.

Unlike opposite-sex divorce, complex child custody and visitation issues exist if only one parent is the legal guardian of a child or children. This situation can occur when one partner did not adopt children during the marriage or if the child was born to surrogacy prior to the marriage. Same sex divorce lawyers at Anderson Boback & Marshall have the knowledge of Illinois family law to help you understand your rights and protect your interests.

Trust Our Same-Sex Divorce Lawyers To Fight for Your Rights

Anderson Boback & Marshall are divorce attorneys in Chicago, Illinois, dedicated to protecting the rights of all clients, providing guidance and support throughout the entire divorce process. We provide skilled analysis and strategies for all types of divorces issues, including high asset divorce, same-sex divorce, and other complex divorce situations. We’re here to ensure that your plan protects all your interests including asset and property division, debt liability, child custody and support issues and any ongoing spousal maintenance.

Kimberly Anderson and Jessica Marshall

Anderson Boback & Marshall are family law attorneys serving Chicago, Cook County, DuPage County,  Lake County, and Will County in Illinois with a concentration on obtaining the fairest and most equitable divorce settlements. We listen to your concerns and strategize a plan to protect your rights and interests. Contact us today to speak with the top Chicago same-sex divorce lawyers.

Was this information helpful?
YesNo
Anderson Boback & Marshall small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

YouTube Thumbnail

Schedule a Discreet Consultation Today!

    APPOINTMENTS AVAILABLE AT OUR TWO CONVENIENT LOCATIONS

    Chicago Downtown Office

    20 N. Clark Street, Suite 3300 Chicago, IL 60602

    Northbrook, IL Office

    5 Revere Drive, Suite 200 Northbrook, IL 60062

    Firm Overview
    Anderson Boback & Marshall

    Anderson Boback & Marshall is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation for divorce and other family law issues. With multiple offices in NorthBrook and Chicago Downtown, we make it easy for you to book an appointment in a location near you. Our family and divorce lawyers serve families in Cook County, Lake County, Will County, and DuPage County. Call Now 312-715-0870

    Is Divorce the Right Step for You?

    Take Our Quick Quiz to Find Out in Few Minutes.