Assisting in LGBT Community in Family Law Matters
Same-sex couples have been fighting for the right to marry for decades; on November 20, 2013, Illinois became the 16th state to legalize same-sex marriage. Known as the Religious Freedom of Marriage Act, the legalization became effective on June 1, 2014. After that date, not only were gay and lesbian couples allowed to marry legally in the state of Illinois, but the state also recognized same sex marriages performed in other states. In 2015, a landmark Supreme Court decision effectively approved same-sex marriage in all 50 states.
Under the law, same-sex couples now have the rights to file joint tax returns, pensions for a surviving married spouse, not to testify against a married spouse, hold real property together, veterans benefits, equal treatment as spouses under certain state insurance laws, and all other rights and responsibilities spouses receive through marriage. This also means that, assuming all jurisdictional requirements are met, same-sex couples will also be able to to obtain a divorce legally in Illinois. Further, same-sex couples must consider whether a prenuptial or postnuptial agreement is necessary to protect income or assets of a party.
Same-Sex Divorce Issues
Because the law has so recently changed, many gay and lesbian people find themselves getting married much later in life than their heterosexual peers. This means many may bring more non-marital property into the marriage. Since only marital property is divided in the event of an Illinois divorce, there can be certain challenges associated with a same sex divorce. As an example, suppose one of the spouses in a same-sex marriage brought considerably more assets to the marriage. Even though those assets are non-marital in nature, assuming the assets have not be titled in both names and otherwise co-mingled, this can lead to some interesting challenges regarding spousal support and the division of property.
Same-Sex Family Law Issues
Despite the fact that married parents are both presumed to be parents from birth of children who are born into the marriage, a second-parent adoption is still necessary in many cases to fully secure the child’s relationship to the non-biological parent. At Capraro Law, we have extensive adoption experience and can assist same-sex parents in the adoption process. During a same-sex divorce, issues related to parental responsibilities, parenting time, and support orders must be addressed.
Capraro Law -- LGBT Family Law Advocates
At Capraro Law, we are committed to resolving same-sex divorce cases as amicably and quickly as possible, particularly when minor children are involved. We are a true advocates for gay, lesbian & LGBT family law matters.
Call Capraro Law Today For An Appointment @ 708.383.6551
1010 Lake St. #612
Oak Park, IL. 60301