211 W. Chicago Ave., #118 Hinsdale, IL 60521

Cesario & Walker

630-920-8800

Free initial consultation

Divorce Attorney

Recent Blog

  • Seeking a Modification to Child Support Orders

    Providing a child support plan is an important requirement in....... (more…)

  • Using Co-Parenting as Part of Parenting Time

    After a divorce, the custody of a child and subsequent....... (more…)

  • Seeking a Voluntary Acknowledgment of Paternity

    As per the legal stature, Paternity is referred to as....... (more…)

  • Estate Planning as a Form of Insurance

    Real estate planning is something most people don't consider as....... (more…)

  • Differences Between Guardianship and Power of Attorney

    What is Guardianship? Guardianship is a court process that provides....... (more…)

  • All You Need to Know About Tenancy by the Entirety

    What is Tenancy by the Entirety? If you’re married and....... (more…)

  • Understanding Parenting Time under Illinois Family Law

    Divorce proceedings are challenging and unnerving for the entire family........ (more…)

  • Real Estate: Letter of Intent

    In many real estate transactions, a letter of intent may....... (more…)

  • Things to Know When Filing for a Same-Sex Divorce

    In 2015, the Supreme Court of the United States issued....... (more…)

  • 3 Ways a Real Estate Lawyer Can Help You during a Home Sale

    Selling a house is a massive undertaking which involves numerous....... (more…)

  • Unmarried Couple: How to Establish Paternity

    Unmarried parents face a multitude of challenges when they are....... (more…)

  • Asset Division in Illinois

    Divorces can be an emotionally distressing and a difficult period....... (more…)

  • Real Estate Laws Applicable to Guest Vs Tenants

    There are instances when a family member or friend is....... (more…)

  • How to Deal With Debt during Divorce

    Divorce is always difficult, despite being very common, it is....... (more…)

  • Common Myths about Real Estate Law

    Real Estate law is a field which encompasses every legal....... (more…)

  • Can Parenting Time Be Denied?

    Divorce may end the relationship between a husband and a....... (more…)

  • Real Estate Law 101

    Real estate law is a comprehensive field which encompasses a....... (more…)

  • Divorce – How to Make the Best Out of a Bad Situation

    Certainly, divorce is not something you expect to encounter in....... (more…)

  • Stand by Guardianship

    Usually, only a parent of a child has the responsibility....... (more…)

  • 4 Tips to Choose the Best Real Estate Lawyer

    If you or your loved one is looking to purchase....... (more…)

  • How Should I file Taxes if Divorce is not Final?

    Separating from your spouse is not an easy experience. You....... (more…)

  • Getting a Divorce – Learn about How College Expenses are Different from Child Support

    Divorce does not mean that you no longer support your....... (more…)

  • Major Changes Made to Illinois Child Custody Laws in 2016

    Prior to Senate Bill 57, the Illinois Marriage and Dissolution....... (more…)

  • Understanding the Parenting Time Schedule Basics in Illinois

    Many drastic changes have been made to the Illinois Marriage....... (more…)

  • Understanding the 2016 Changes to Illinois Divorce Laws

    In 2015, several amendments to the Illinois Marriage and Dissolution....... (more…)

  • Family Law Blog Coming Soon

    Stay tuned for recent news and articles on the changes....... (more…)

  • Real Estate Law Blog Coming Soon

    Stay tuned for recent news and articles on the changes....... (more…)

Things to Know When Filing for a Same-Sex Divorce

In 2015, the Supreme Court of the United States issued a notable decision legalizing marriage with a same-sex partner. For many people, this verdict was life-changing; from a legal perspective, it allowed the married couples to benefit from their partner’s tax exemptions, health care plan, and any other allowances and provisions offered to heterosexual married couples.

However, when it comes to a divorce, there are several complications and issues that they must address. Therefore, it can be highly beneficial for them and their case to procure services of an experienced divorce lawyer.

Complications That May Arise

When two individuals seek to dissolve a same-sex marriage, they may experience many complicated issues at any given time. The most common issues are that of visitation rights, child custody battles, child support, spousal maintenance and division of property and family planning.

In the case of same-sex divorce, more complications are likely to arise. Alongside issues regarding parental rights, there are instances where judges do not understand the basis of the same-sex marriage or their reason to divorce as well as the time frame of the marriage, which creates additional complications for the same-sex couples.

Benefits May Not Apply After the Divorce

Same-sex marriages and civil partnerships offer, more or less, the same benefits. However, during the divorce proceedings of a same-sex couple, the benefits for the other partner can immediately be eliminated. Many legal options such as insurance and tax breaks are no longer open for same-sex couples as they are for single individuals.

Unless there is a contingency plan in place, the protection these benefits provide is not applicable after the divorce is finalized. Therefore, a couple must sort out these issues by hiring a divorce lawyer to make sure their financial interests remain protected.

The Divorce May Not Get Completed in Time

For couples who are looking to terminate their marriage, it is necessary for them to move to the state where their marriage license was issued. In many states, the couple needs to show proof of residence that spans over a number of months or even years before the divorce proceedings can take place.

Some same-sex couples, depending on the state they are from, need to present ‘a valid reason,’ in order to get legally divorced. Many try to find alternative ways to end their marriage legally, such as through mediation or pursuing a legal claim by hiring a competent divorce lawyer.

If you wish to get more information on same-sex marriages or want to schedule a consultation with an experienced divorce lawyer, contact Cesario & Walker at (630) 920-8800.

click to call