Although in theory, same-sex divorces are the same as any other type of divorce, the reality is that there may be unique issues that arise. Many of these unique issues are the result of the fact that same-sex couples were not allowed to marry until recently. This means that any children born outside of the marriage or assets acquired before the marriage may be treated differently than those in the marriage.
For help navigating any issues that arise, it may be wise to reach out to a divorce lawyer with experience handling same-sex divorces in Cook County. A skilled divorce lawyer can help you work through all of the relevant issues to reach an agreement that is fair to you.
Same-sex couples benefit the same way that traditional marriage couples would in terms of having a prenuptial agreement. However, there are a couple of issues that may come up that are unique to same-sex marriages, especially those regarding the custody of children born outside the marriage. A couple cannot have a prenuptial agreement that awards custody, but they could have a determination in writing that, although one party is the biological parent, the other party would still be considered the parent in a divorce.
For example, if a child is born during the marriage, it is presumed to be the child of the marriage. However, if a couple has a child before they get married they could enumerate that both spouses are the parents.
The postnuptial agreement benefits are also the same for same-sex couples. Depending on what is included in the agreement, it can make the divorce process much easier. For example, a postnuptial agreement could determine how assets are divided in a divorce. An attorney can further explain the benefits of an agreement in a same-sex divorce.
A same-sex couple may face complications with property settlement if they decide to divorce after living together for many years. This is partially because same-sex couples were not allowed to be married in the United States for many years. When this is the case, it can present issues in dividing assets as spouses are only entitled to assets that were acquired during the marriage.
Complications can also arise if a non-biological parent wants to share custody with biological parents. However, there are typically agreements written out that make it clear who is the parent. A person seeking a same-sex divorce may want to hire an attorney who has experience working with same-sex divorce issues and who can help navigate these complications that could arise.
Due to the fact that same-sex couples were not allowed to marry until recently, couples divorcing may face unique challenges on top of the typical difficulties in divorce. An experienced attorney can help you navigate through the same-sex divorce process in Cook County. With their help, you can work towards an agreement that works for your family. Call Reidy Law Office LLC today to learn more about how our attorneys can help you.
Contemplating divorce is a profound step that involves emotional, financial, and legal considerations. Our "Am I Ready for Divorce?" checklist is a sensitively designed tool that helps individuals thoughtfully assess their readiness for this life-altering decision. This resource aims to guide you through introspection and practical evaluation, ensuring that your decision to pursue a divorce is made with both clarity and foresight.
In any legal or financial undertaking, having a comprehensive and organized set of financial records is critical. Our "Financial Records Checklist" is crafted to give you the clarity and control needed to manage your finances effectively. Whether you're preparing for tax season, undergoing legal proceedings, or simply aiming to get your financial house in order, this checklist is an indispensable tool for ensuring nothing is overlooked.
Divorce not only signifies a major shift in the lives of the parents but also heralds a period of adjustment and emotional transition for the children involved. Our meticulously crafted checklist, "Do Your Kids Need Therapy After Divorce?" is a vital resource for parents concerned about the psychological welfare of their children during and after a divorce. This checklist serves as a compassionate guide for recognizing signs of distress and taking proactive steps to support your child's mental health.
Divorce can be a complex and emotionally taxing journey, but when both parties agree on the key terms, an uncontested divorce can offer a more amicable and efficient path forward. Our Uncontested Divorce Checklist is a comprehensive guide designed to provide individuals with a clear roadmap through the legal process when there are no children involved. This free resource ensures that you are well-prepared, informed, and ready to proceed with confidence.