Aurora Same-Sex Divorce Lawyer

Aurora Same-Sex Divorce Attorney

A divorce can leave you feeling isolated, alone, and lost as you search to move forward after years of a stable relationship and partnership. You don’t have to go through the difficult process of dissolving your marriage alone. If you’re in a same-sex marriage, you can work with an Aurora same-sex divorce lawyer to negotiate the terms of your divorce and make sure that your parental rights and financial interests are well-represented.

You deserve to work with a divorce attorney who is respectful of the LGBTQ community and understands the unique concerns that come up with same sex divorcing couples. That’s just what you’ll find when you turn to Schaffer Family Law, Ltd. We have the knowledge and experience required to help you navigate even a complex same-sex divorce case, providing you with the objective perspective you need to keep on track.

Hire a Same-Sex Divorce Lawyer

The most effective way to handle a contentious family issue, such as the dissolution of a marriage, is to hire a same-sex divorce lawyer. Your Aurora divorce lawyer can keep track of all the details of your case while you focus on finding ways to move forward with your life away from your former spouse. They can handle things like filling out paperwork, prioritizing a fair property division, and protecting your parental rights, both during negotiations and in court.

Requirements for a Divorce

Unlike some states, Illinois does not recognize traditional, fault-based grounds for divorce. Instead, the Prairie State uses irreconcilable differences as the foundation for seeking a divorce. You can prove that your marriage is broken beyond repair by showing that you and your spouse lived apart for at least six months preceding your divorce filing. You can also waive this requirement if you and your spouse are both willing to sign a written agreement.

You or your spouse must live in Illinois for at least 90 days before filing a petition for the dissolution of your marriage. Unlike most other states, there’s no need for a waiting period. Your divorce can be finalized as soon as you reach an agreement and it gets approved by a Judge.

What Your Divorce Agreement Must Cover

Your divorce agreement must cover important aspects of how you will handle the dissolution of your marriage, including:

• The allocation of parental rights
• The division of property
• Child support
• Spousal maintenance

Even if you and your spouse agree about how to handle these issues, you should have your lawyer draft the documents for you to avoid unnecessary delays caused by paperwork errors.

How to File for Divorce in Illinois

Working with your attorney, there are several steps you will need to take to file for divorce. The first steps involve submitting documents, including:

• Petition for dissolution of marriage
• Financial affidavit
• Summons and proof of service

If you and your spouse have one or more children together, you’ll also need to file:

• A parenting plan
• A certification agreement
• A uniform order of support

Once the paperwork is filed, you will then enter the discovery phase, where you and your spouse will need to reveal a great deal of information. You will need to provide:

• Date of marriage
• Date of separation
• Location of the wedding
• List of marital assets
• List of marital debts
• Information regarding parental responsibilities and rights
• A parenting plan
• A request for child support

It’s important to file all your forms correctly the first time. If they’re not filled out correctly, the court clerk will return them to you, and there will be a delay in your divorce proceedings. You can trust your Aurora same-sex divorce lawyer to fill out paperwork for you so that everything is handled correctly.

After filing all the forms, you’ll be given a case number, and a Judge will be assigned to your divorce case. You’ll also need to pay the requisite filing fees or apply for a fee waiver. On the day of the hearing at the Kane County Judicial Center, your Judge will review your case. You may be ordered to undergo mediation in a contested divorce. If that doesn’t work, your case will go to trial, and the Judge will decide on unresolved issues.

FAQs

What Percentage of Divorces are Same-Sex?

Only a small percentage of divorces are same-sex, but it’s not because same-sex couples are less likely to dissolve their marriages. There are around 43,000 same-sex couples living in Illinois, and only 59% of them are married. Of same-sex female couples, approximately 41% divorce, and approximately 27% of male couples divorce.

What Should You Not Do Before a Divorce?

There are several things you should not do before a divorce. They include moving out of the marital home without consulting a lawyer first, hiding financial assets, making large unexplained purchases, and posting about the separation on social media. Taking these actions can negatively impact your case by complicating asset division, damaging your credibility, and making it less likely that you’ll be assigned as the primary residential parent.

Do Same-Sex Marriages Last Longer?

Same-sex marriages do not always last longer than different-sex marriages. Statistically, same-sex couples have been shown to have higher divorce rates, with 41% of lesbian marriages of ten years ending in divorce, and 27% of gay marriages, compared to 22% of straight marriages. However, this study was performed in Finland. There is no comparable research into gay vs. straight divorces in the United States.

Should a Couple Use the Same Divorce Lawyer?

A couple should not use the same divorce lawyer. Even if you are anticipating an uncontested divorce, you should still have your own Aurora same-sex divorce attorney available to represent your rights and interests. Attorneys are prohibited from representing both spouses in a divorce because it creates a conflict of interest.

Aurora Same-Sex Divorce Lawyer

Divorces are always stressful, but having a skilled Aurora same-sex divorce lawyer on your side can make the process easier. The team here at Schaffer Family Law, Ltd., can help. We focus our practice exclusively on family law and have successfully represented countless clients in dissolving their marriages. We have a deep knowledge of same-sex divorce laws and know how to leverage that knowledge to get you the results you need.

Contact us to schedule an initial consultation today. Let our knowledge and experience give you the confidence you need to navigate your same-sex divorce.