LGBTQ Divorce Lawyers in Chicago Providing Experienced and Compassionate Legal Advice
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 proceeding 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.
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. At The Law Offices of Robert B. Buchanan, 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 Issues May Arise During an LGBTQ Divorce?
Similar to heterosexual divorces, LGBTQ divorces may present a series of issues you and your spouse disagree on. 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 issues include:
Division of Marital Assets
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 tricky in a same-sex divorce. Because of surrogacy agreements, adoption, and other LGBTQ family law matters, parents often have difficulty dividing custodial rights. Fortunately, with an experienced divorce lawyer on your side, you can advocate for your rights as a parent to get custody of your children.
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 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?
Child custody can be a tricky subject in a same-sex marriage. There may be a non-biological parent or a second-parent adoption status to contend with. Things can get even more complicated when surrogacy arrangements come into the mix. 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, there are multiple different ways that a divorce can be resolved. However, there are a few common methods couples use to agree on the terms of their divorce.
These methods include:
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 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 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 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 The Law Offices of Robert B. Buchanan is prepared to represent you and ensure your divorce proceedings are handled fairly. For a free consultation, call today at 312-248-6170.