Divorce can be a difficult process, especially when couples run into issues during divorce proceedings. Oftentimes, issues may arise if couples can’t agree during proceedings or if the court has trouble deciding on a certain aspect of the divorce. For those seeking an LGBT divorce, unconventional and complex issues may arise that need to be addressed. At Arami Law, Inc., we’re here to help explain these issues and support individuals as they navigate through Chicago LGBTQ divorce proceedings.
Regardless of whether a couple is of the same sex or not doesn’t affect a state’s general divorce proceedings. For example, same-sex couples are still eligible for no-fault divorces in Illinois, meaning that neither spouse needs to be proven at fault for the marriage’s end. In addition, spouses should still meet residency requirements for Illinois, which includes at least one spouse being a resident of Illinois. As long as the couple provides a valid reason for the grounds for divorce, an Illinois divorce can proceed.
While any couple divorcing can run into issues, there are complex issues that a same-sex couple may encounter in their divorce. Some of these issues may include:
If a same-sex couple has children together, issues may arise if one parent is a biological parent and the other is not. Both spouses may not be biologically related to their child either. For example, same-sex couples often adopt children, meaning that neither spouse is biologically related to the child. It can be difficult for a court to determine who should receive custody over any children, and couples may sometimes argue over varying factors. Of course, if the couple can agree on how they would like child custody arrangements to work, the court will usually grant this request as long as it falls in line with the child’s best interests. Here are some ways that a court may rule for custody arrangements in LGBT divorces:
There are several ways that a court may rule in regard to child custody arrangements. Even if neither spouse is biologically related to the child, the court can still help determine the proper way to arrange custody.
Same-sex marriage did not become legal in Illinois until 2015. This can potentially affect property distribution in Illinois. For example, Illinois divides marital property during divorce proceedings, which includes anything that either spouse acquired during the marriage. However, there could be instances where a same-sex couple has been together for a long time but wasn’t legally allowed to be married. This seems to create an unfair situation as to what’s marital property and non-marital property if marriage is not an option. Illinois is an equitable distribution state, meaning that they’ll divide property as they deem fair and appropriate. Though the situation appears unfair, a judge will do their best to provide fair compensation to both parties.
If you have questions about issues that may arise in LGBT divorces, contact our team today. We are happy to assist with your legal needs.
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