Contrary to what some might think, there is no difference under the laws regarding same-sex litigation. There is a constitutional right to marry whomever one wants to marry The process and procedure are the same. There is no presumption in favor of either party, and the court evaluates things based on the unique facts of the case. An experienced divorce attorney could try to pursue a positive outcome for you. Speak with a Will County same-sex divorce lawyer and know that you are in capable hands.

Benefits of a Pre-Nuptial Agreement

The benefits of a prenuptial agreement do not necessarily apply based on the couple’s sexual orientation. The same reasons for having a prenuptial agreement apply to same-sex or other couples. If one party has significant assets of $1,000,000 or more prior to the marriage, they may want to consider having a prenuptial agreement to clearly identify how things are divided if they divorce.

If one of the partners is thinking about creating a business in the future, they might stipulate that if one party creates a business during the marriage, it is considered non-marital and belongs to that party. If either party has children from a previous relationship, they can agree to enter a prenuptial agreement to make sure children from a previous relationship are protected. Everyone comes into the relationship fully informed about who gets what. The children from the previous relationship are entitled to this and the parties are entitled to that.

Benefits of a Post-Nuptial Agreement

The same principles of a post-nuptial agreement apply for same-sex couples. The agreement is not based upon the sexual orientation and the rules apply equally for all persons. The post-nuptial agreement is for when the parties are married but they may be contemplating a divorce and want to have more realistic discussions and agreements.

In that case, writing everything down beforehand can save the party significant amounts of money if they go to court later. Going to court is often more expensive because the cost of litigation can quickly add up when a couple pays for two attorneys, one for each side of the case. Emotions may cloud the decisions one makes. If the couple makes those decisions by agreement outside of court, they probably save themselves a lot of money.

Role of Mediation, Arbitration, and Litigation

Arbitration is not part of Illinois law. The state does not allow for jury trials in the context of a same-sex divorce. The judge is a person’s arbiter. Mediation might apply when the parties have children. The process is the same for a heterosexual couple. When the parties cannot reach an agreement on parenting issues, they may need to consider mediation.

When the parties cannot reach an agreement, litigation comes in. It is not necessary to differentiate couples based on their sexual orientation. Couples experiencing difficulties should be treated the same. A Will County same-sex divorce lawyer’s job is to evaluate each case using their skills as a divorce lawyer, make the person feel as comfortable as possible and move forward.

What Potential Complications May Arise Surrounding Property Division in Same-Sex Divorces?

There is no material difference between same-sex and heterosexual couples. When a couple divides any property, the court looks at a variety of factors articulated in the statute. The court tries to evaluate the division of property based on the case and allocates the property equitably, not equally. It is an important distinction for all cases to divide things equitably and not equally, to make sure that people understand what they get or do not get.

Importance of a Will County Same-Sex Divorce Attorney

In recent Supreme Court decisions, same-sex couples have the same rights to marry and the same rights to divorce. If somebody is in a same-sex relationship and they want to dissolve the marriage they have the same rights as anybody else, regardless of their reasons for wanting to split. A same-sex divorce attorney in Will County could help an individual pursue a divorce and fight for a positive outcome for them.

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