Chicago Same-Sex Divorce Lawyer

Attorney in Cook County for LGBTQ+ Parentage Issues

Same-sex couples have historically struggled to obtain equal rights regarding marriage as opposite-sex couples. The laws in Illinois and throughout the United States have been changed in recent years to expressly recognize the rights of same-sex couples, which means same-sex couples can file joint tax returns, own real estate together, qualify for spousal benefits, and generally enjoy many but not all of the same rights and responsibilities associated with marriage.

With the right to marry, however, comes the possibility of divorce. If you are a member of the LGBTQ+ community and you are facing a divorce, it is important to work with an attorney who understands the challenges that may lie ahead. At The Law Offices of Curtis Bennett Ross, LLC, our team has the experience, knowledge, and resources to help you get through the divorce process while ensuring that your best interests and those of your children are fully protected.

Common Property Issues for Same-Sex Couples in Illinois

According to Illinois law, a couple's marital property is to be divided equitably between the spouses during a divorce. The law also provides that marital property generally includes the assets and debts accumulated by either spouse during the marriage, other than property acquired by gift or inheritance. While this sounds simple enough, the reality is that same-sex marriage has only been legal in Illinois since 2014, and many gay and lesbian couples have been together for much longer than that. Illinois courts have confirmed that property acquired prior to the legalization of same-sex marriage is not considered to be marital property, regardless of how long the couple was together.

With this in mind, we help same-sex couples develop equitable property agreements that reduce and possibly eliminate the uncertainty of relying on the courts. Attorney Curtis Bennett Ross is a certified divorce mediator who is trained to facilitate productive discussions between divorcing spouses, both in mediation and informal negotiations. Mr. Ross and his team work hard on behalf of our clients to ensure they have the resources they need to build a happier, healthier future.

Oak Park Lawyer Protecting the Rights of Same-Sex Parents

Under the Illinois Parentage Act, when a married woman gives birth to a child, the mother's spouse is presumed to be the child's second legal parent, regardless of the spouse's gender. Such a presumption, however, is not always enough to secure a legal relationship between the child and the non-biological parent. In a case like this, the team at the Law Offices of Curtis Bennett Ross, LLC can help you determine if a second-parent adoption is necessary to protect your parental rights.

During a same-sex divorce, a child's legal parents will need to address issues such as parental responsibilities (child custody) and parenting time (visitation). Child support is also likely to be ordered by the court based on the income and responsibilities of each parent. Such concerns are addressed by the Illinois Marriage and Dissolution of Marriage Act, which applies equally to same-sex and opposite-sex couples. Mr. Ross has more than 30 years of experience in the practice of divorce and family law, and he has served as court-appointed guardian ad litem and child's representative in contested child-related matters. With his background and training, he understands the importance of protecting the best interests of children during a divorce. At the same time, he will advocate on your behalf to ensure that your parental rights are protected as well.

Compassionate, Forward-Thinking Lawyers in Bucktown

The Law Offices of Curtis Bennett Ross, LLC is a firm dedicated exclusively to divorce and family-related concerns. Our team is fully committed to protecting the rights of our clients, regardless of gender or sexual orientation. We treat every client with respect, dignity, and compassion, and we will work hard to help you obtain a favorable outcome in your divorce.

If you would like to learn more about our practice and our approach to same-sex family law matters, contact our office. Call 312-984-1514 for a free, limited consultation. We serve families of all types in The Loop, Old Town, DePaul Area, Wrightwood, Oak Park, River North, Wicker Park, Greektown, Chicago, at the Daley Center Courthouse, and all other Cook County courthouses.