In recent years, the legal landscape regarding same-sex marriage and divorce has undergone significant changes. With the legalization of same-sex marriage in all 50 states, including Illinois, the question arises: Is a same-sex divorce any different from a heterosexual divorce in Illinois?
Equality in Divorce Rights
Same-sex divorce is no different from any other type of divorce in Illinois. The legalization of same-sex marriage on a federal level has ensured equal treatment for same-sex couples. Previously, when civil unions were recognized instead of marriage, there were certain limitations, such as difficulties in dividing retirement benefits. However, with the recognition of same-sex marriage, these restrictions have been lifted.
Child Custody Considerations
Same-sex couples often have children through methods like surrogacy, in vitro fertilization, or adoption. In some cases, a biological parent may feel they have superior rights compared to their partner, who may be a legal parent but not biologically related to the child. However, in the eyes of the law, a legal parent is a legal parent, irrespective of biological relation. Therefore, the rights of legal parents, regardless of their biological connection, are protected and treated equally.
Division of Assets and Property
When it comes to dividing assets and property, the restrictions that previously hindered the division of retirement benefits and other financial assets have been eliminated. With federal law recognizing same-sex marriage, same-sex couples have the same rights as any other married couple in Illinois.
It is essential for same-sex couples going through a divorce in Illinois to consult with an experienced family law attorney who is well-versed in the nuances of same-sex divorce. By seeking professional guidance, couples can navigate the legal process with confidence, ensuring that their rights are protected, and their interests are represented equitably.
Contact an Experienced Family Law Attorney Today
The Law Offices of Patrick Markey, P.C. are dedicated solely to the practice of family law. Our office is located at 180 Stetson Ave., Suite 3500, Chicago, Illinois 60601. Call us at 312-223-1763.