What are the rights of same-sex couples in family law matters?

Family law has evolved significantly, and it is essential for every couple to understand their legal rights and protections. For same-sex couples in Illinois, the legalization of marriage brought equality in the eyes of the law, but navigating the specifics of family law can still feel uncertain. We are here to provide clear, compassionate answers to your most pressing questions.

Hammer Serna & Quinn, LLC is proud to serve the LGBTQ+ community in all aspects of family law. Our team has extensive experience in advocating for and protecting the rights of same-sex couples, whether they are considering marriage, going through a divorce, or facing other legal issues.

Here are the key considerations:

• Marriage Equality: Illinois recognizes the legal marriage of same-sex couples, granting them the same rights and responsibilities as heterosexual couples under state law.
• Civil Unions: Illinois also allows civil unions, providing similar benefits, rights, and protections as marriage without requiring the title of marriage.
• Parentage Rights: LGBTQ+ couples have the right to establish legal parentage, including through adoption or assisted reproductive technology, ensuring full parental rights and responsibilities.
• Divorce and Dissolution: Same-sex couples navigating divorce are entitled to equitable division of assets, spousal support considerations, and resolution of child custody and support issues under Illinois law.
• Custody and Placement: Custody decisions for children are made based on the child’s best interests, regardless of the sexual orientation or gender identity of the parents.

What Are Our Rights If We Get a Divorce?

Just as same-sex couples have the right to marry, they also have the right to divorce under the same laws that apply to all married couples in Illinois. This means that if your marriage ends, you are entitled to the same legal process for the dissolution of marriage. A key part of this process is property division. All assets and debts acquired during the marriage are considered “marital property” and are subject to equitable division. This means the court will divide your property fairly, though not always in a strict 50/50 split. The attorneys at Hammer Serna & Quinn can help ensure your financial interests are protected throughout this process.

How Do We Establish Parental Rights for Our Children?

For many same-sex couples, building a family is a beautiful journey, but it is crucial to legally secure your parental rights. You may be wondering, “If we are both on the birth certificate, are we both legal parents?” While being on the birth certificate is a great start, it may not be enough to guarantee your rights in every situation.

The most secure way to establish legal parentage is through adoption. A second-parent adoption, also known as a co-parent adoption, allows a non-biological parent to legally adopt their partner’s child without terminating the first parent’s rights. This creates a permanent, legally recognized parent-child relationship that is protected across all state lines. This is vital for ensuring you have the right to make decisions regarding your child’s healthcare, education, and general welfare.

What Happens with Child Custody if We Separate?

When married same-sex parents with legally established parental rights separate, child custody matters are handled just like they are for any other divorcing couple. Illinois law focuses on the “best interests of the child” when allocating parental responsibilities (custody) and parenting time. The court will consider many factors to create a parenting plan that supports the child’s health, stability, and well-being. Our attorneys can help you create a plan that protects your relationship with your child while fostering a positive co-parenting environment.

Secure Your Family’s Future with Confidence

Navigating family law can feel complex, but you do not have to do it alone. The legal landscape is constantly changing, and having an experienced attorney by your side is the best way to ensure your rights are protected. At Hammer Serna & Quinn, LLC, we provide knowledgeable guidance tailored to the needs of your family. Contact us today for a confidential consultation to discuss your situation and learn how we can help you move forward with clarity and confidence.