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FAQs About Same-Sex Divorce in Illinois

By Nottage and Ward on June 30, 2016

Divorce is certainly the last thing you think about when you and your spouse are exchanging vows. However, for whatever reasons, divorce happens. If you and your spouse have decided that divorce is the correct pathway for you, there are a few things that you’ll need to know about a same-sex divorce in Illinois.

Q: First, is it legal?

After the federal ruling, same-sex marriage became legal nationwide in 2014. Because same-sex marriage is now legal that means that same-sex divorce is now also legal

Q: Okay, so I can get divorced in Illinois?

Yes and no. While same-sex divorce is legal in Illinois, there are certain restrictions on who can get a divorce in the state. You will have to fulfill two requirements in order to get a divorce in Illinois.

First, it depends on your marital status. In order to get a divorce, you have to be married.

Second, in order to get a divorce in Illinois, you have to meet a residency requirement. Either you, or your spouse, will have to live in the state for 90 consecutive days before you can file for dissolution of marriage.

Q: Is the divorce process different than for different-sex spouses?

No. The process is the same. You will follow the same procedures and will file the same dissolution of marriage. Same-sex couples are also able to receive alimony, be awarded custody, visitation, and support for children. The division of marital property is the same. However, the issue of marital property actually exposes a different issue. Because of how recently same-sex marriage was legalized, there are many same-sex couples that have been together for a long time before they were married. In this case, their marital property is only what they accrued while actually being married.

If you are seeking a same-sex divorce, the Chicago family attorneys at Nottage and Ward, LLP are ready to assist you. They are dependable and experienced in navigating the negotiations, litigations, and challenging issues that can arise during a divorce. Whether you are filing for a no-fault divorce (in which the marriage simply isn’t working out) or an at-fault divorce (in which a spouse has to prove the reasons, like adultery, addiction, etc., are justified), contact Nottage and Ward, LLP. We can be reached at (312) 332-2915.

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