Although same-sex divorces legally the same as any other divorce, there are certain complications that could arise, especially when the length of the marriage is a small portion of the length of the relationship. Therefore, it is important to work with an Orland Park attorney who has experiencing helping people through same-sex divorces and understands how the law applies in your case.
The qualified divorce lawyers at Reidy Law Office LLC can help advocate for your rights and interests to reach a fair settlement. Throughout the process, we can offer advice and guidance to make the process as smooth as possible.
The benefits of a prenuptial agreement for the same-sex couple include establishing how any marital property would be divided in the event of the divorce. Having an agreement in place could save a couple thousands of dollars in a divorce. If a couple that is already married decides that they would like a plan in place, they could enter a postnuptial agreement. The only difference between the prenuptial agreement and postnuptial agreements is that a postnuptial agreement is an agreement that takes place any time after a couple is married. If a postnuptial agreement is part of a divorce agreement, it is called a marital settlement agreement.
Some provisions couples usually consider in prenuptial and postnuptial agreements include:
An Orland Park lawyer can further explain the role a prenuptial or postnuptial agreement could play in a same-sex divorce.
There are certain unique challenges that may be present in same-sex divorce. The most common are issues that arise in the division of property and in determining child custody. An experienced divorce attorney can help same-sex couples in Orland Park navigate these issues.
The complications that same-sex couples face in terms of property settlement if they decide to divorce after living together for many years are the same as any regular couple. The court will consider what was acquired since the date of the marriage and divide it equitably. In some circumstances, for example, if the couple lived together for many years when same-sex marriage was not legal, it might be a different scenario. Since they could make the argument that they would have gotten married had it been permissible under the law one spouse may be able to claim that they need more relief than is reflected by the length of the marriage.
If a non-biological parent wants to share custody with the biological parent, it could make custody negotiations complicated. However, just because one spouse is the biological parent does not give them the superior right to custody over the other. This is reflected in the state’s divorce statutes. If the child was born during the marriage, it is considered as though both spouses are biologically the parents.
It is important for a person seeking a same-sex divorce to consult an Orland Park attorney who is experienced in working with same-sex divorce issues and how the law applies. An attorney can help guide you through the process to reach a settlement that will meet your needs. To discuss your options, call Reidy Law Office LLC for a consultation.