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.
Contemplating divorce is a profound step that involves emotional, financial, and legal considerations. Our "Am I Ready for Divorce?" checklist is a sensitively designed tool that helps individuals thoughtfully assess their readiness for this life-altering decision. This resource aims to guide you through introspection and practical evaluation, ensuring that your decision to pursue a divorce is made with both clarity and foresight.
In any legal or financial undertaking, having a comprehensive and organized set of financial records is critical. Our "Financial Records Checklist" is crafted to give you the clarity and control needed to manage your finances effectively. Whether you're preparing for tax season, undergoing legal proceedings, or simply aiming to get your financial house in order, this checklist is an indispensable tool for ensuring nothing is overlooked.
Divorce not only signifies a major shift in the lives of the parents but also heralds a period of adjustment and emotional transition for the children involved. Our meticulously crafted checklist, "Do Your Kids Need Therapy After Divorce?" is a vital resource for parents concerned about the psychological welfare of their children during and after a divorce. This checklist serves as a compassionate guide for recognizing signs of distress and taking proactive steps to support your child's mental health.
Divorce can be a complex and emotionally taxing journey, but when both parties agree on the key terms, an uncontested divorce can offer a more amicable and efficient path forward. Our Uncontested Divorce Checklist is a comprehensive guide designed to provide individuals with a clear roadmap through the legal process when there are no children involved. This free resource ensures that you are well-prepared, informed, and ready to proceed with confidence.