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Wakenight & Associates, P.C.

9405 Bormet Drive, Suite 7, Mokena, IL 60448

Mokena | 815-727-6144

DuPage County | 630-852-9700   Oak Park | 708-848-3159

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Orland Park Same-Sex Divorce Attorney

Tinley Park gay and lesbian divorce lawyer

Lawyers Helping Lesbian and Gay Couples With Marriage and Divorce in New Lenox and Will County

Same-sex marriage was made legal throughout the United States in 2015. However, while these couples are now able to enjoy the same rights as heterosexual couples, they should be sure to understand the legal issues that may apply to them, whether they are getting married or ending their relationship. A knowledgeable family law attorney can provide essential legal help in these situations.

At Wakenight & Associates, P.C., we have more than 95 years of combined family law experience, and we provide dedicated legal advocacy for our clients. If you are in a same-sex relationship, we can help you address the legal issues involved in marriage or divorce.

Legal Issues for Same-Sex Couples

While the same laws apply to same-sex spouses and different-sex couples, the fact that same-sex marriage was only recently legalized may result in complications when same-sex couples choose to end their relationship. When getting married or preparing for divorce, these couples should be sure to address:

  • Property ownership - Illinois law states that marital property should be equitably divided between spouses during divorce. However, this only includes property which was purchased or acquired after a couple got married. Same-sex couples may have been in a relationship for years before getting married, or they may get married later in life and bring a significant amount of non-marital property into the marriage. In order to protect their rights to property, same-sex spouses may want to consider signing a prenuptial or postnuptial agreement that states how assets will be divided in the case of divorce.
  • Spousal maintenance - A same-sex spouse may be eligible to receive spousal support from their partner after divorce. However, the duration that spousal support payments will be paid is based on the length of the marriage. For couples who were in a long-term relationship before getting married, a prenup or postnup may be used to protect their rights to alimony in the case of divorce.
  • Child custody - Even though both partners in a same-sex marriage may act as parents to the couple's children, a spouse who is not a child's biological parent may struggle to protect their parental rights in the case of divorce. In order to ensure that both spouses are considered a child's legal parents, it may be necessary for one or both spouses to adopt the child.
  • Civil unions - Prior to the legalization of same-sex marriage, couples may have entered into a civil union in order to gain some of the rights of married spouses. Couples may wish to learn how to convert their civil union into a marriage, and they should be sure to understand how a civil union will affect the decisions made during divorce.

Contact a Frankfort Family Law Attorney

With the proper planning, you can ensure that your rights are protected in a same-sex marriage, and you can be prepared for success if your marriage should ever end in divorce. At Wakenight & Associates, P.C., we can help you understand and address legal issues related to your property, your children, and the rights available to you as a married spouse. To learn more, contact our office at 815-727-6144 to arrange a free consultation. We provide legal help for same-sex spouses in Mokena, Homer Glen, Orland Park, Oak Forest, Joliet, Tinley Park, Orland Hills, Frankfort, New Lenox, Lockport, and Will County.

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