Gay marriage is legal in Illinois . . . almost.
Same sex couples have been fighting for the right to marry for decades. An unfortunate result of same-sex marriage will undoubtedly be same-sex divorce.
If you are a same-sex couple and are in need of a divorce lawyer, contact me at 312-554-5433. or online. And check out some of these thoughts on same-sex divorce.
Lack of same-sex divorced people
One aspect of divorce that may be hard for those in same-sex marriages is that, at least for a while, there will not be a large community of people divorced after a same-sex marriage.
Greater non-marital property accumulated
Since gay people have only recently obtained the right to marry, many are getting married later in life than their heterosexual peers. And that means that they will have accumulated more property prior to getting married.
Non-marital property is not divided upon divorce. Marital property is. When people come to a marriage with greater non-marital property, interesting issues can develop. For instance, after a short-term marriage, a couple may not have acquired much marital property at all. However, one party may have been wealthy prior to the marriage. Such a situation can lead to challenges in the areas of spousal maintenance (alimony) and the division of marital property.
Dealing with other people in the process
When getting divorced you will have to deal with various other people. For example: judges, mediators, child representatives (lawyer’s appointed to represent children), psychologists (who may be appointed to evaluate a custody situation), and others.
Surely not everyone employed in those positions is straight. I know several judges who are gay, for example. However, the majority of people involved in the process are seemingly straight. Many of them, particularly the older crowd, may have had limited interaction with same-sex couples. Therefore, a lawyer for a person seeking a same-sex divorce should be sensitive to that dynamic and be ready to deal with it.
Find a lawyer for same-sex divorce
If you are a same-sex couple and would like a divorce lawyer who is sensitive to your needs, contact me at 312-554-5433. or online. You might want to read my article titled, “Process for Same-Sex Uncontested Divorce in Illinois.” And if you would like a humorous look back at the marriage equality movement, check out the post “Gay Marriage: Could this happen to us?“, from Chicago divorce lawyer Marie Fahnert.