Chicago LGBTQ Divorce Lawyers

If you and your spouse have decided that divorce is the right option, getting through the process quickly is likely your main goal. Unfortunately, issues like child custody, property division, and spousal support can cause divorce proceedings to drag on, forcing you to spend your hard-earned money and time. And while no two divorce cases are the same, LGBTQ divorces present unique challenges that may not be present in heterosexual divorces.

Our firm provides experienced legal services to the LGBTQ+ community in Oak Park, Cook County, and Chicago, offering local expertise and support for clients facing family law matters.

Fortunately, with a knowledgeable and experienced LGBTQ divorce attorney on your side, you can rest assured that your rights are being advocated for and that the divorce remains fair and equitable to you both. Our team of dedicated attorneys and family law attorneys is committed to serving lesbian, gay, and bisexual clients with compassion and expertise.

The Marriage Fairness Act ensures equal rights and the same rights for LGBTQ clients in marriage and divorce, and we are well-versed in its impact on your case. Our legal team takes a personalized approach to supporting each client throughout the divorce process, ensuring your needs are met every step of the way.

At Buchanan Law Group, we have experience in divorce cases from same-sex couples, so we know about all the intricacies and difficulties and the best ways to handle them. For a free consultation and to learn more about our services, call (312) 248-6170 today.

What Legal Issues May Arise During an LGBTQ Divorce?

Similar to heterosexual divorces, LGBTQ couples may face unique family law issues and legal issues due to the specific laws governing same sex relationships. These challenges can vary based on your and your spouse’s history, but there are some common topics that we see often in divorce cases.

These challenges can be particularly complex for LGBTQ couples because of evolving laws that impact marriage, divorce, and other family law issues. These issues include:

Division of Marital Assets

Asset division in Illinois divorce cases, including for same sex marriages, is governed by Illinois law, which focuses on dividing marital property and property acquired during the marriage. Marital property is typically divided equitably, meaning the court aims for a fair—not necessarily equal—distribution.

Property acquired before the marriage, such as by gift or inheritance, may be treated differently and is generally not considered marital property. These rules apply to both married couples and same sex marriages.

Ideally, every couple would have a prenuptial or postnuptial agreement specifying which spouse gets what assets in the event of a divorce. If you and your spouse don’t have this, deciding how to split up marital assets, including property and debts, can be difficult.

Parental Rights and Responsibilities

Parenting agreements can become especially complex in a same-sex divorce due to the complexities involved when only one parent or one partner is recognized as the child’s legal parent. Same sex parents may face additional challenges if both parents are not legally recognized, particularly in situations where a child has not been legally adopted by both parents.

Under the Illinois Parentage Act, establishing both individuals as the child’s legal parents is crucial for securing parental rights and responsibilities.

If only one partner is recognized as a legal parent, issues regarding custody, visitation, and support can arise. In all cases, courts will consider the best interests of the child when determining parental responsibilities. Fortunately, with an experienced divorce lawyer on your side, you can advocate for your rights as a parent to get custody of your children.

Spousal Support

Formerly known as alimony, spousal support or spousal maintenance is a monthly payment from one spouse to another. This payment can depend on a spouse’s needs and quality of life after the divorce. Unfortunately, without an experienced divorce attorney, you could pay thousands in spousal support each month.

Civil Union or Domestic Partnership

While civil unions and domestic partnerships give similar rights as a same sex marriage does, they are slightly different processes for divorce or dissolution. In some cases, it’s as simple as filing the right paperwork; in others, the process is much more complex. If you are in a civil union or domestic partnership, call our team today to learn how we can help you dissolve the agreement and separate from your spouse.

Domestic Abuse Allegations

Unfortunately, domestic abuse allegations may be a factor in your divorce. If that’s the case, our team can help file for an order of protection or restraining order to protect you. We can also expedite the divorce process to quickly move things along and separate from your spouse.

How is Child Custody Handled in an LGBTQ Divorce?

The legal process for a divorcing couple with children involves determining the child’s legal parents, which may require involvement from the court system. This is especially important in same-sex marriages, where there may be a non-biological parent or a second-parent adoption status to address. Surrogacy arrangements can further complicate matters.

Legal representation is crucial to ensure fair outcomes regarding child custody and child support, helping you navigate the court system and protect your parental rights. Fortunately, an experienced divorce lawyer from our team can look at your unique situation and protect your paternal rights, whether you have a biological child or not.

How is a Divorce Resolved?

In any divorce case, experienced attorneys can guide clients through the entire divorce process, whether resolution is reached by mutual agreement through mediation or by other means. There are several common methods couples use to agree on the terms of their divorce. These methods include:

Divorce Mediation

During meditation, a mediator will provide an unbiased third-party opinion to help you reach a compromise. You and your spouse will sit down with a mediator to review the terms of your divorce. Mediation is typically not cost-restrictive and, in many cases, has a high chance of speeding up the divorce process.

Although optional, having an experienced attorney on your side during meditation is the best way to advocate for your rights and reach a fair compromise with your spouse.

Collaboration

Collaboration is a newer method in which both spouses hire collaboration lawyers to tackle disagreements. Couples may also hire other professionals, like child psychologists or financial advisors, to give recommendations about specific matters in the divorce. The couple can then use these professionals’ experience and insights to conclude any issues in their divorce.

Arbitration

Arbitration is similar to litigation, but you and your spouse pick the arbitrator. You will both still go to court, but there is more flexibility in the date and time. You cannot appeal the final decision made by the arbitrator, but this is an excellent option for couples who have attempted mediation or collaboration without success.

Litigation

Litigation is the process of going to court and having a judge rule on your negotiations. This is often a last-ditch effort because of how expensive and time-consuming the process can be. Call our team today for representation if you are involved in litigation with your spouse. We will represent you in court and advocate for your rights to ensure your divorce is fair and just.

Do I Need to Hire an LGBTQ Divorce Lawyer?

Going through a divorce can be a stressful and difficult time. Advocating for your wants and needs and trying to reach a compromise with your soon-to-be ex-spouse can add frustration on top of this already challenging moment in your life.

Our team at Buchanan Law Group is prepared to represent you and ensure your divorce proceedings are handled fairly. For a free consultation, call today at (312) 248-6170.