Wheaton Same-Sex Divorce Lawyer

Wheaton Same-Sex Divorce Attorney

Divorces are stressful. What often begins as amicable processes can quickly become contentious, drawn-out processes. Whether you are in a traditional marriage or a same-sex marriage, the complications of divorce are the same. If you’re planning to dissolve your marriage, you deserve to work with a Wheaton same-sex divorce lawyer who will treat you with the respect you deserve, not make the entire process even more difficult.

Schaffer Family Law, Ltd., has been helping clients with their divorce cases for years. In that time, we’ve developed a clear understanding of how divorce laws apply to same-sex couples and a deep respect for the LGBTQ community. We handle all divorces with compassion and professionalism, helping clients negotiate agreements that represent their interests and representing them in court in contested divorces.

Hire a Same-Sex Divorce Lawyer

In 2022, there were nearly 43,000 same-sex households in the Prairie State. Of those, around 59% consist of married couples. Of same-sex marriages, female couples have the highest divorce rate, at around 41%. In the same study, 27% of male couples and 22% of different-sex couples dissolved their marriages.

If you are looking to divorce your spouse, or you have been served divorce papers, you need to hire a same-sex divorce lawyer who can represent your rights and interests throughout this difficult process. Divorces can be emotionally draining. A dedicated Wheaton same-sex divorce attorney can provide much-needed objective advice and guidance in addition to legal representation during negotiations or at trial.

Your lawyer works as your advocate throughout the process, including alternative dispute resolution methods such as mediation or arbitration, completing paperwork on time, and presenting your arguments. In addition, your attorney will help to hold your spouse accountable to the developing divorce decree to avoid any default on spousal maintenance, child support, parental visitation plans, and more.

Legal Requirements for Divorce in Illinois

You must have lived in Illinois for at least 90 days before you can file for divorce in the state. You will file your divorce petition in Wheaton with the Circuit Court of DuPage County. Unlike many states, Illinois does not impose a mandatory waiting period, allowing a Judge to issue your final divorce judgment without delay.

The Prairie State grants divorces because of irreconcilable differences leading to the irretrievable breakdown of the marriage. You can prove irreconcilable differences by showing that you and your spouse have lived separately for at least six months prior to filing for divorce. Illinois is a no-fault divorce state, making the reason for the dissolution irrelevant for the divorce itself.

The behavior of both spouses can be brought into question for other areas of the divorce decree.

Contested vs. Uncontested Divorces

In Illinois, you can file for an uncontested or a contested divorce. The difference between the two is determined by how you and your spouse agree or disagree to move forward.

• Uncontested divorces. Both parties agree to the terms of the divorce. They often file joint petitions. Uncontested divorces are relatively quick. They are often finalized in a matter of months.
• Contested divorces. In contested divorces, one party may disagree with the idea that the marriage is irretrievably broken, or the two spouses may not be able to come to an agreement regarding the terms of the divorce. Contested divorces tend to take longer and be more expensive to resolve.

Whether you’re expecting a contested divorce or a relatively straightforward, uncontested divorce, you need to work with a dedicated same-sex divorce lawyer who has your rights and interests in mind.

Marital Settlement Agreement

All divorce agreements, also called marital settlement agreements, need to cover certain aspects of how the marriage will be dissolved. They include:

• Child support
• Alimony
• Property division
• A parenting plan
• Allocation of parental responsibilities

Even if you and your spouse are in agreement on how these issues should be handled, you should work with a lawyer to avoid delays caused by paperwork errors and make sure that the agreement covers everything required by law.

If you are not in agreement about the terms of the divorce, it’s even more important to hire an attorney who can make sure that your parental rights are respected and property gets divided fairly. Illinois is not a strict 50/50 split divorce state. Instead, Judges follow the principle of equitable distribution to determine who should get what in the divorce.

FAQs

What Percentage of Same-Sex Marriages End in Divorce?

Around 41% of same-sex marriages between women and 27% of same-sex marriages between men end in divorce, compared to 22% of different-sex couples who dissolve their marriages. Factors that influence whether same-sex couples wind up getting divorced include how long the spouses lived together before getting married and whether the couple had kids during the marriage or from a previous relationship.

How Does Same-Sex Divorce Work?

Same-sex divorce works the same way that divorces between a man and a woman work. Some divorces are uncontested, in which case, the couple agrees about key provisions of the dissolution of their marriages, such as the allocation of parental rights, child support, spousal support, and property division. Others are contested, requiring a trial.

Is It True That Lesbians Have the Highest Divorce Rate?

It is true that lesbians have the highest divorce rate. Some researchers speculate that the higher divorce rate between lesbians is related to the fact that many sapphic couples get married after only short periods of cohabitation in comparison to gay male couples. However, every couple is different, and many factors can influence the decision to dissolve a marriage.

What Is the Biggest Mistake During a Divorce?

The biggest mistake in a divorce is allowing emotion instead of reason to drive your decisions. Making this mistake can result in using children as leverage, failing to realistically evaluate the long-term financial consequences of your decisions, and hindering your pursuit of an agreement that represents your interests.

Wheaton Same-Sex Divorce Lawyer

The stress of going through a divorce can be significant. There’s no reason to compound it by working with a lawyer who doesn’t have experience working with same-sex couples and a deep respect for the LGBTQ community.

The team here at Schaffer Family Law, Ltd., has helped countless couples dissolve their marriages successfully, representing our clients’ interests and helping them avoid expensive contested divorces when possible. We can help you with your same-sex divorce case, too. Contact us today to schedule an initial consultation.