LGBTQ+ (Same-Sex) Divorce
Stern Mendez offers support and guidance to LGBTQ+ people during divorce. Our experienced attorneys understand some of the unique issues that may arise in divorces involving LGBTQ+ couples and can confidently guide our clients through the process. Our attorneys are ready to work with you toward a resolution that honors your needs and wishes.
Our compassionate and skilled attorneys have extensive experience with same-gender divorce (often referred to as same-sex divorce). We are dedicated to empowering you to make careful and complicated decisions surrounding divorce with confidence. You can count on us to guide you through each step of the process, and explicitly affirm LGBTQ+ marriages and access to a dignified divorce.
Stern Mendez understands that you probably never thought you would need to hire a divorce lawyer. That’s why we are dedicated to representing you in an Illinois same-sex divorce, guiding you to understand the divorce process—and explicitly affirming LGBTQ+ marriages and access to a dignified divorce.
Our Promise to LGBTQ+ People Seeking a Divorce Lawyer
We are deeply committed to being a safe space for LGBTQ+ people throughout the legal process of divorce. We are conscious of the bias and injustice that people may face due to their sexuality and/or gender identity. As such, we strive to create an environment in which every LGBTQ+ person feels confident, empowered and heard throughout the legal process. As a lesbian, gay, bisexual or trans individual seeking a divorce, you deserve an attorney who honors your identity and understands the unique challenges you may face—and our divorce and family law attorneys promise to do just that.
How is same-gender divorce similar to heterosexual divorce?
There are no unique laws or procedures for a same-gender divorce—the legal proceedings are the same as those for a heterosexual divorce. Technically called a dissolution of marriage, any legal process of divorce in Illinois covers three things:
While all divorces are unique, most proceedings include a combination of out-of-court negotiations, in-court litigation and mediation. Some divorces may be resolved amicably, which we encourage whenever possible.
How do we handle the division of assets?
The legal proceedings for same-gender divorce follow the same structure as heterosexual divorce and certainly carry comparable emotional challenges. However, same-gender divorce can present unique challenges and decisions due to its more recent legalization. We have found that many same-gender couples have co-habitated for several years before being legally married—and thus decisions about the division of assets and child custody can be uniquely challenging. Given that Illinois only legalized same-sex marriage in 2014 and does not recognize common law marriages, many couples need to make decisions concerning merged lives that began well before they had any official legal ties.
Illinois couples face further complicated legal challenges because Illinois does not recognize common law marriage—the concept that, after a couple has cohabitated for a certain number of years, they are considered married without having to formally register as a civil or religious marriage. While other states recognize common law marriages, Illinois does not, regardless of the gender of either partner.
Thus, Illinois couples cannot engage in de facto marriages in which they acquire property or marital rights just by living together. In Illinois, you can only obtain property rights through legal marriage—and being in a romantic relationship doesn’t mean that you have legal rights to any shared property, such as a car or house. The division of assets is only based on the years in which a couple has been legally married.
If this situation pertains to you and you are concerned about your property rights, our divorce and family law attorneys are here to help you understand the process and reach a solution that meets your needs and wants.
Are my child custody rights protected?
Creating a parental allocation (child custody) agreement that honors both parents—and, most importantly, the holistic well-being of a child or children—is always a priority for us. In most cases, we are able to work with clients to reach a child custody agreement that serves the best interest of the child and gives both parents confidence.
In same-sex divorce cases, we want to assure clients that their rights are protected by Illinois law. In 2010, Illinois signed a law that extends the Dissolution Act and Parentage Act to presume the rights of same-gender couples. If a child is born within a same-sex marriage, both parents’ rights are protected by this law.
Our attorneys are here to answer your questions, provide support and ensure you reach a resolution that prioritizes the best interest of your child or children.
Contact Our Divorce Law Firm in Evanston, Chicago, Lake Forest and Oak Brook
At Stern Mendez, our goal is to ease the difficult transition of divorce by achieving an outcome that honors your wants and needs. Our expertise, care and compassion make us well equipped to support same-gender divorcing couples.
If you are seeking assistance for an LGBTQ+ divorce, you can request a free consultation online or call us at (847) 868-9584. We can meet with you in our offices in Evanston, Chicago, Lake Forest and Oak Brook, or at another location.
