Issues Arising in Will County Same-Sex Divorces

If you are considering or currently going through a divorce, you should contact an experienced divorce attorney to discuss your case. The issues arising in Will County same-sex divorces can be difficult to manage on your own, but a sympathetic attorney could help advocate for you. Call Reidy Law Office LLC to discuss your case.

Property Division

There is no material difference between same-sex and heterosexual couples. When a couple divides 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.

Custody Considerations

When a non-biological parent wants to share custody with the biological parent outside of marriage, that could be somewhat complicated. The standard of the law says that a child born to the marriage is presumptively a child of the marriage. In other words, the law starts with the presumption that both parents are the biological parents of the child. In a same-sex situation, the parties may enter into some contracts. Illinois has specific laws regarding surrogacy, for example.

Because these situations can be complex, it is best to contact an attorney to discuss the specifics. It is important to look at the law and find out how it might relate to the particular circumstances. There is no presumption that the mother is more entitled to raise a child than the father. There is also no presumption that the biological parent is entitled to raise a child over the non-biological parent. When a child is considered and adopted, it is afforded the same protections as the biological child. Whether parties adopt, or one party is a biological parent, the same rules apply.

Same-Sex Parenting Under Illinois Law

Illinois law says that everyone should be afforded equal rights and protection. Child custody negotiations should be considered based on the factors of the case and evaluating the interactions of the parents with the children. The courts apply the same factors as in a heterosexual case.

Importance of an Attorney

An individual going through a divorce should hire a lawyer who has experience with divorce litigation and with the individual’s specific issues. For example, if a person has a child custody issue, they should have a lawyer with experience in child custody cases. If a person has a privately-owned business issue, they should have a lawyer who has experience with privately owned businesses.

Today, a same-sex couple should be treated the same as a heterosexual couple under the law. The gender of the parties may not be legally important, but gender or sexual orientation can come into play with an emotional attachment. Someone going through a divorce should have a level of connection with their attorney and find someone who understands their situation.

Contacting an Attorney From Reidy Law Office LLC

As in all divorces, there can be complex issues arising in Will County same-sex divorces, and an attorney could help guide you during this difficult time. Contact the experienced team at Reidy Law Office LLC today to discuss your situation.

Contact Us