Same-Sex Divorce in Illinois

 Posted on February 11, 2024 in Divorce

Same-sex divorce may seem like a relatively new legal topic since same-sex marriage was only legalized in the past decade in many states. In fact, it was legalized about ten years ago in Illinois, effective as of June 1, 2014. Although same-sex divorce is not very different from divorce for a straight couple, what happens when a same-sex marriage ends is extremely different from what used to happen in the past. Before same-sex marriage was legal, a spouse would not legally inherit their deceased spouse’s estate, and instead, it would be liquidated and divided among any blood relations. And if a couple no longer wished to be together, if one spouse was the breadwinner and the other was the homemaker, the one who took care of all the household responsibilities would be left without any financial backing. If you have questions about same-sex divorce in Illinois, an experienced Cook County, IL divorce attorney has answers.

Legal Rights for Same-Sex Couples in Illinois

With same-sex marriage legally recognized in the State of Illinois, the following are some of the legal rights that same-sex couples can now benefit from:

• Purchase and co-own property jointly under both names
• File joint tax returns
• Inherit assets and property from their spouse even if there is no will
• Have access to each other’s medical records
• Make funeral arrangements
• Visit each other in the hospital
• Make decisions for each other in cases of medical necessity
• Able to claim monetary damages if their spouse had a wrongful death
• In a same-sex divorce, spouses are eligible for alimony/spousal support

Co-Parent Adoption

If a child’s biological parent agrees to let someone adopt their child legally and parent them together, this is called co-parent adoption. It is often done when there is third-party reproduction when a couple uses someone outside their relationship to help them conceive a baby, but this person is not going to be the child’s parent and does not wish to raise them. This is a common practice among same-sex couples, as well as couples who use sperm donation or surrogacy.

Contact a Cook County, IL Divorce Lawyer

If you are wondering how the law can affect a same-sex divorce, you should speak with an experienced Chicago, IL divorce attorney. With over 30 years of experience in the field, The Law Offices of Curtis Bennett Ross, L.L.C. can offer a depth of valuable knowledge. Call 312-984-1514 and get started.