Navigating The Nuances of LGBTQ+ Divorce in Illinois

The end of a marriage is always challenging for the couple involved, and the impact on family members can be significant. This holds true for those in LGBTQ+ marriages as well. If you’re going through a divorce, striving for an amicable resolution is crucial.

Same-sex marriage became legal in Illinois on June 1, 2014, thanks to the Illinois Religious Freedom and Marriage Fairness Act signed by Governor Pat Quinn on November 20, 2013. This law also allowed civil unions in Illinois to be converted to marriages within a year. 

However, despite these strides, LGBTQ+ couples encounter unique complexities in divorce, including legal nuances and emotional hurdles. Support and guidance from a skilled divorce attorney are crucial to help navigate divorce effectively. Here’s what you need to know.

Understanding LGBTQ+ Divorce in Illinois

Navigating a gay divorce involves grappling with legal frameworks that may still be evolving in some jurisdictions. While marriage equality is recognized in many places, the intricacies of divorce laws can vary widely. Moreover, dealing with societal attitudes and biases can add stress to an already challenging situation.

In Illinois, same-sex couples seeking a divorce must adhere to specific criteria. Firstly, they must be legally married. Additionally, they must fulfill the 90-day residency requirement and file for divorce in their county. Irreconcilable differences serve as the primary grounds for divorce, as is the case for all couples in the state. The divorce proceedings typically encompass a blend of out-of-court negotiations, courtroom litigation, and mediation sessions.

Given the intricate nature of divorce proceedings, same-sex couples should seek the guidance of a divorce attorney well-versed in the nuances of same-sex divorce. Getting the help you need will not only help ensure adherence to legal procedures and provide valuable resources for emotional support throughout the process.

Understanding Illinois Asset Division

Asset division can be contentious in any divorce, including for LGBTQ+ couples. Illinois Asset division divides marital property and debts between spouses fairly and equitably. It’s essential to understand that the goal is not necessarily to divide everything equally but rather fairly, considering the unique circumstances of the marriage. Here’s how it works:

  1. Contribution to the Marriage: The court looks at what each spouse brought to the marriage regarding money and non-money contributions like caring for the home or children.
  2. Duration of the Marriage: How long the marriage lasted matters, as it can affect how assets are divided.
  3. Economic Circumstances: Each spouse’s financial situation, including income and needs, is considered.
  4. Non-Marital Property: Things owned before marriage or received as gifts or inheritance during marriage may not be split.
  5. Custodial Arrangements: If there are kids, the court looks at the allocation of parental responsibilities and how it impacts finances.
  6. Spousal Support (Alimony): Whether one spouse needs support payments is factored in.
  7. Tax Consequences: Taxes resulting from asset division are considered to make things fair.
  8. Wasteful Dissipation: If one spouse recklessly spends or wastes money, it can affect the division.
  9. Future Needs: The court considers what each person will need, especially if one is in a tougher spot after the divorce.
  10. Agreements: Any agreements made before or during the marriage, like prenups, are considered if they meet legal standards.

A skilled divorce attorney can help prioritize your best interest regarding asset division. It’s important to note that equitable distribution doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled family law attorney to help ensure your rights are protected during asset division in Illinois.

Allocation of Parental Responsibilities

In Illinois, same-sex couples enjoy equal rights to opposite-sex couples concerning the allocation of parental responsibilities and divorce. However, there are distinct legal considerations that LGBTQ+ couples may encounter during divorce. This includes the following: 

  1. The child is born while the spouses are married to each other.
  2. The child is born after the marriage is terminated. It must be within 300 days after that termination.
  3. In the first two situations, the couple attempted to enter into a marriage or civil union “in apparent compliance with the law.” However, that marriage or union is later terminated or declared invalid for some reason.
  4. A person marries the birth mother after the child is born and consents to being added to the birth certificate.

Additionally, the court may evaluate if one parent is unwilling or unable to engage in co-parenting, potentially leading to a sole parental determination. The law encourages parents to collaborate on crucial child welfare decisions, including education, healthcare, religion, and extracurricular activities. Courts prefer shared responsibility between parents and may allocate it to one if necessary. If parents fail to reach an agreement on a parenting plan, a judge may employ the same criteria utilized in opposite-sex couples’ divorces to decide parental responsibilities.

A skilled divorce attorney can effectively advocate for the children’s best interests while nurturing a positive co-parenting dynamic.

Emotional Support and Healing

Beyond the legal intricacies, the emotional toll of divorce can be profound. For LGBTQ+ individuals, facing the end of a relationship can evoke a wide array of emotions, including feelings of isolation, rejection, and uncertainty about the future. It’s essential to prioritize self-care during this challenging time. Here are some tips for navigating the emotional journey of divorce:

  • Seek Support: Contact friends, family, or mental health professionals for emotional support and guidance.
  • Participate in LGBTQ+-Friendly Support Groups: Joining support groups or therapy sessions tailored to the LGBTQ+ community can provide a safe and understanding space to process emotions.
  • Practice Self-Care: Take time to engage in activities promoting relaxation, mindfulness, and self-reflection.
  • Be Gentle with Yourself: Understand that it’s normal to experience a range of emotions during this time, and it’s okay to give yourself permission to feel and heal at your own pace.
  • Focus on Personal Growth: Use this opportunity for self-discovery and personal growth. Explore new interests, hobbies, or goals that bring fulfillment and joy.

Taking proactive steps to address emotional well-being is crucial for navigating the challenges of divorce and emerging stronger on the other side.

Getting The Help You Need

One of the first steps in navigating the nuances of an LGBTQ+ divorce is seeking the guidance of a knowledgeable divorce attorney. Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. We empower you to make informed decisions and strive for an outcome that supports your best interests and your family’s.

As such, we move through settlement negotiations, mediation, or litigation with our client’s assurance and well-being in mind. Whether you are facing an LGBTQ+ contested divorce, uncontested divorce, or civil union divorce, our firm’s divorce attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Final Thoughts

As we close out Pride Month, Masters Law Group reaffirms its commitment to supporting all members of the LGBTQ+ community, including those navigating divorce. By fostering empathy and understanding, we can help LGBTQ+ individuals emerge from divorce stronger and ready to embrace new beginnings. You don’t have to navigate this journey alone. With the guidance of our compassionate divorce attorneys and a supportive community, healing and closure are within reach. 

Contact us today to schedule your complimentary consultation.

Hague Convention Attorneys in Action

At Masters Law Group, our Hague Convention attorneys have extensive experience handling complex international disputes.

Navigating international family law can be complex and challenging, especially when it comes to child abduction disputes. The Hague Convention on the Civil Aspects of International Child Abduction, aka the Hague Convention, is an international treaty that protects children from parental abduction across international borders. This blog will highlight rulings demonstrating the Convention’s effectiveness in resolving cross-border disputes.

Join us as we explore the legal framework, showing how it translates into real-world victories and how our Hague Convention attorneys can assist you. Here’s what you need to know.

UNDERSTANDING THE HAGUE CONVENTION

The Hague Convention on Civil Aspects of International Child Abduction was enacted into law through the International Child Abduction Remedies Act (“ICARA”). It provides that a parent whose child has been wrongfully removed from the U.S. can petition for the child’s return to their country of habitual residence. Each country appoints central authorities to help resolve these disputes. As of 2024, there are 91 countries involved in the Hague Convention.

Families need to understand the importance of the Hague Convention when they find themselves involved in international disputes. Here are some tips to follow if you find yourself in this situation:

  • Prompt action is crucial: If you believe your child has been wrongfully removed or retained in a Hague Convention country, it is essential to act promptly. Initiating legal proceedings increases the chances of a successful resolution.
  • Contact the central authority: In the United States, the Office of Children’s Issues within the U.S. Department of State is the foremost authority for Hague Convention matters. They can provide information, resources, and assistance locating and returning your child.
  • Gather evidence: It is essential to gather evidence demonstrating your child’s habitual residence and the wrongful removal or retention. Documentation such as birth certificates and communication records can strengthen your case.
  • Consulting with a family law attorney: A family law attorney with experience in Hague law is recommended. They can guide you through the legal process and help you navigate the complexities of the Hague Convention.

Dealing with international disputes can be emotionally demanding, so preparing for the challenges is essential. Working with a Hague Convention attorney can provide valuable support. Now, let’s explore some recent Hague Convention cases to see how these principles are applied in real-world situations.

CASE 1: DISTRICT OF COLORADO / COLOMBIA: AGUIRRE

In our most recent case that concluded on February 20, 2024, the husband – represented by Masters Law Group –  filed a petition to return his two children. His children were taken from his residence in Colombia to the United States by their mother. The parties were married in the United States in 2012 and lived together in Colombia. 

The Respondent took the children to the U.S. for a family reunion but faced delays in their passport renewal. This case arises under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction.

This Act allows a person whose child has been removed from his custody in another country and taken to the United States to petition in federal or state court for the return of the child. The court would later find in favor of the Petitioner, concluding that the Respondent wrongfully retained the children and dismissing her claim of grave risk of harm. The Petitioner’s request for the return of the children to Colombia is granted.

CASE 2: EASTERN DISTRICT OF WISCONSIN / MEXICO: HINNENDAEL

In the Eastern District of Wisconsin / Mexico, Hinnendael, the father of the children (Petitioner), sought to relocate his children back to the United States from Mexico against the other parent’s wishes.

The court found that returning the children would subject them to a grave risk of psychological harm or otherwise place them in an intolerable situation. Accordingly, the retention of children in the United States was not wrongful within the meaning of the Convention. The petition was denied, and this action was dismissed.

By invoking the Hague Convention, our attorneys successfully advocated for the children. This case helps highlight the effectiveness of the Hague Law in resolving child abduction cases and prioritizing the children’s welfare.

CASE 3: NORTHERN DISTRICT OF ILLINOIS / NEW ZEALAND: H.O.

In the Northern District of Illinois / New Zealand, Ho, the husband – represented by our firm –  filed a petition for the return of his child. The child was taken from his residence in New Zealand to the United States by his wife – the mother of the child. As relevant here, the Hague Convention provides that a parent whose child has been wrongfully removed or retained in the United States may petition for the child’s return to their country of habitual residence.

By agreement of the parties and as required by the Convention, the court concludes that the child was a habitual resident of New Zealand at the time of the wrongful retention in the United States. The Petitioner exercised parental responsibility rights under New Zealand law, and this case did not establish the “grave risk” exception.

The court granted the petition for the child’s return to New Zealand and allowed an approximate one-week period to avoid any abrupt transition for the child. This case demonstrated the Hague Law’s role in helping ensure fairness, predictability, and respect for due process in international child abduction cases.

CASE 4:NORTHERN DISTRICT OF ILLINOIS / LITHUANIA: SULCAITE

In the Northern District of Illinois / Lithuania, Sulcaite Masters Law Group helped resolve the wrongful removal of children. The courts considered the parents’ last shared intent to their child’s country of residence.

The Respondent and the Petitioner agreed that their children would reside in Chicago temporarily. After three years, they were to return to Lithuania, their country of origin.

However, as time passed, the children became acclimated to their new life in the United States. Their mother’s remarriage and new baby created a strong family bond, and Chicago gradually became their familiar home. Considering these factors, the court denied the Petitioner for the children’s return. The decision reflected a recognition of the children’s well-being and stability, prioritizing their best interests.

This case showcases the effective advocacy of our Hague Convention attorneys in navigating complex international disputes. The legal team successfully obtained a favorable outcome for the parties involved by presenting compelling evidence.

CASE 5: NORTHERN DISTRICT OF CALIFORNIA / CYPRUS: EFTHYMIOU V. LABONTE

In the Northern District of California / Cyprus, the husband – represented by Masters Law Group –  filed a petition to return his child, who was taken from Cyprus to the United States by his wife – the child’s mother. The child’s father (Petitioner) had full parental rights to the child since his parents’ separation in 2014. The minor came to the United States for a six-week visit with his mother (Respondent) in California. At the end of the visit, the Petitioner came to collect his son but was unsuccessful.

Nearly one week after the scheduled meet-up went awry, the child’s father filed a Hague Convention plea. The court granted the petition and ordered the child to return to Cyprus in the custody of his father. In addition, the court did not impose a longer stay without agreement from both sides. The court ultimately ordered the return of a child under an action under U.S.C.S.C. § 9003.

These cases showcase our commitment to navigating international child abduction disputes and achieving favorable outcomes for our clients.

WORK WITH OUR HAGUE CONVENTION ATTORNEYS

The Hague Convention continues to play a pivotal role in reuniting families affected by parental child abduction. At Masters Law Group, we understand the complexities of international child abduction disputes and the importance of finding a resolution that aligns with your objectives.

Our Hague Convention attorneys will tirelessly advocate for your interests and work towards a favorable outcome. We prioritize open communication with our clients and strive to provide personalized attention to address your concerns.

To learn more about how we can help you, schedule your complimentary consultation today.

Tips For Celebrating Father’s Day Amidst Divorce

Father’s Day holds special significance as a time to honor and celebrate the father figures in our lives. Yet, for dads navigating divorce, finding the balance of co-parenting and managing new parenting schedules can feel overwhelming.

The number of children living solely with their fathers has increased over the past few decades. In 1968, only 0.8 million children lived with their fathers. That number has grown to 3.3 million today, reflecting a shift toward fathers taking on roles traditionally reserved for mothers. While divorce and separation have become more common over time, it also provides hope that affected individuals still thrive despite its challenges.

In this blog, we’ll explore strategies for navigating Father’s Day, with tips for supporting your children, focusing on what you can control, and how a family law attorney can provide assistance. Here’s what you need to know.

PLAN FATHER’S DAY ACTIVITIES IN ADVANCE

Planning is one of the most crucial steps to a smooth Father’s Day celebration amidst divorce. Last-minute arrangements can lead to stress and misunderstandings. Here are some key considerations to help you effectively plan for Father’s Day:

  • Make a plan in advance: Discuss and agree on the Father’s Day schedule well in advance. This helps avoid last-minute conflicts and helps ensure both parents are on the same page regarding visitation arrangements. Planning early also allows for adjustments if needed, giving everyone extra time to prepare and make necessary arrangements.
  • Involve the Children: Consider your children’s wishes and feelings when planning for Father’s Day. Ask them how they would like to celebrate and try incorporating their ideas into the plan. Involving them in your plan helps their voices be heard, making them feel included in the celebration. Whether it’s a special outing, a homemade gift, or simply spending quality time together, involving the children in planning can make the day more meaningful for everyone.
  • Be Flexible: While planning is important, it’s also essential to remain flexible. Unexpected events or changes in circumstances may require adjustments to the original plan. Being open to flexibility and willing to accommodate each other’s needs can help prevent conflicts and provide a more enjoyable Father’s Day for all involved.

By proactively planning and considering the preferences of all parties involved, you can help ensure that Father’s Day is a positive and memorable experience amidst divorce.

CREATE NEW FATHER’S DAY TRADITIONS

Starting new traditions with your children for Father’s Day offers an opportunity to infuse the occasion with fresh meaning and excitement. It’s a chance to help create unique experiences and strengthen your bond as a family. Whether navigating Father’s Day in between a divorce or simply seeking to revitalize the celebration, establishing new traditions can be fun and rewarding. 

  • Consider Everyone’s Interests: Choose activities that cater to your interests as a father and your children’s preferences. Whether it’s a nature hike, a cooking session, or a fun craft project, find activities everyone can participate in and enjoy.
  • Make it Meaningful: Infuse your new traditions with meaning and significance. Consider incorporating elements that reflect your family values or create opportunities for bonding and quality time together.
  • Document the Memories: Capture the moments and memories created during your new traditions. Take photos, write in a journal, or create a scrapbook to preserve these special moments for years to come.

These new traditions can become cherished rituals that you and your children look forward to each year, strengthening your connection and creating lasting bonds of love and joy.

FOCUS ON WHAT YOU CAN CONTROL 

If you’re navigating Father’s Day amidst a divorce, it’s important to focus on what you can control and let go of what you cannot. While you may not be able to control your ex-partner’s actions or attitudes, you can control your response and behavior. 

  • Practice Self-Care: Take care of yourself emotionally and physically before Father’s Day. Engage in activities that bring you joy and relaxation, whether spending time with friends, practicing mindfulness, or pursuing a hobby.
  • Stay Present: Instead of dwelling on the past or worrying about the future, focus on being present and enjoying your time with your children.
  • Seek Support: If you feel overwhelmed or emotional, lean on friends or family. Surround yourself with positive influences who can offer encouragement and perspective.

A family law attorney can offer guidance and legal advice to help you develop a plan that provides clarity and structure throughout the planning process. With a clear plan, you can aim for special celebrations filled with warmth and understanding.

ABIDE BY YOUR PARENTING PLAN 

A parenting plan can help alleviate potential conflicts, including those surrounding occasions like Father’s Day. It provides a comprehensive framework for both parents to follow, reducing ambiguity and promoting smoother communication and cooperation. 

Once you receive a parenting plan after divorce, it’s not open for negotiation. Short of approval for an order modification, both parents are expected to follow their parenting plan as it’s written.

Essential components to have in your plan include:

  • Residence arrangements for the child.
  • Allocation of parenting time for each parent.
  • Protocols for sharing information and records concerning the child.
  • Transportation arrangements for parenting time.

Both parents must sign the plan indicating they agree on all the document terms when filing one plan. If parents do not agree, they must file separate plans. The court will look at each detail of both plans to determine what’s in the best interest of the child or children. Seeking a divorce attorney’s assistance can help facilitate productive discussions and formalize any changes to the parenting plan.

ALLOCATION OF PARENTAL RESPONSIBILITIES

If you have followed the tips above and are having trouble reaching an agreement, an Allocation of Parental Responsibilities can help. Understanding the allocation of parental responsibilities is crucial for fostering a cooperative co-parenting relationship. In Illinois, there are three primary types of child allocation of parental responsibilities:

  • Joint allocation of parental responsibilities requires parents to collaborate on decision-making regarding their child’s education, healthcare, religious instruction, and other essential matters. The parents will agree, or the court will assign a residential parent. The non-residential parent will provide child support and have designated parenting time, as determined by a parenting time agreement or court order.
  • Sole allocation of parental responsibilities refers to an arrangement where one parent assumes full responsibility for making decisions concerning the child’s well-being. However, it doesn’t imply that the other parent is wholly excluded from the child’s life.
  • Shared allocation of parental responsibilities is a variation of joint allocation. It is suitable when the child spends equal time with both parents. The parents live in the same school district and can co-parent effectively. 

For fathers facing challenges in navigating parental responsibilities, seeking help from a family law attorney can be valuable. An attorney can provide legal advice and help establish a parenting arrangement that serves the child’s best interests while addressing both parents’ needs and concerns.

WORKING WITH MASTERS LAW GROUP

Celebrating Father’s Day amidst a divorce requires careful planning and focusing on the children’s well-being. Remember, the goal is to honor the father’s role in your children’s lives while fostering a cooperative co-parenting relationship.

At Masters Law Group, our goal is to help clients assert their rights to help protect the best interests of their children. Partner Anthony G. Joseph brings valuable insights to our firm as both a father and an experienced practitioner in divorce cases. He is also an approved Guardian Ad Litem and Child Representative listed for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus on assisting clients in Chicago and Chicago’s Western Suburbs (Elmhurst, Hinsdale, DuPage, Oakbrook), we offer various services to help parents, children, and families through difficult times like divorce and allocation of parental responsibilities. If you face challenges navigating Father’s Day amidst a divorce and want to know your rights, don’t hesitate to reach out. 

Contact us today to set up your complimentary consultation.

Navigating Civil Unions During Pride Month

June is known worldwide as Pride Month, a time when the LGBTQ+ community and its allies come together to advocate for a more inclusive future. As we celebrate Pride Month, we must recognize civil unions’ role in providing legal protection for same-sex couples.

Illinois became the first state to legalize civil unions on June 1, 2011. For many same-sex couples, civil unions represent the legal acknowledgment of their relationship, offering rights and responsibilities similar to those of marriage. However, navigating the legal complexities of civil unions can be challenging, especially in jurisdictions where LGBTQ+ rights are still evolving. In this blog, we will explore civil unions, dissolutions, and how a family law attorney can help. Here’s what you should know.

What Is A Civil Union?

Civil unions allow two adults of the same or opposite sex to enter a legally recognized relationship. Contrary to a common misconception, civil unions are not exclusive to same-sex couples. Same-sex and opposite-sex couples can enter into a civil union in Illinois. Partners entering a civil union are entitled to the same legal obligations, protections, and benefits that state law provides to married spouses, including:

  • Property rights.
  • Healthcare decisions.
  • Inheritance rights.
  • Access to family-related legal protections.

Civil unions help ensure that couples receive equal treatment and recognition under state law. Understanding the distinction between state and federal recognition is vital for couples considering a civil union. However, if you have entered a civil union with your partner but have decided to move on, you will need a civil union dissolution.

Understanding Civil Union Dissolution

In Illinois, the process of dissolving a civil union follows similar procedures to that of a traditional divorce. A party to a civil union may petition the Court to dissolve the civil union just as with the Dissolution of Marriage. You must draft a Petition to Dissolve a Civil Union alleging similar facts as in a Petition for Dissolution of Marriage and follow similar procedures below. Here is a closer look at the dissolution process and what a family law attorney can guide you through:

  1. File a Petition to Dissolve a Civil Union with the county circuit court clerk where it was granted.
  2. Provide the respondent with a copy of the petition and a summons, notifying them of the dissolution proceedings.
  3. Attempt to reach a settlement agreement through negotiation or mediation outside of Court.
  4. The case may proceed to trial if no settlement is reached or there are contested issues.
  5. The Court will issue a final judgment of dissolution.
  6. After dissolution, obtain a certified copy of the Dissolution of Civil Union records from the county circuit court clerk for legal documentation.

Consulting with a divorce attorney experienced in civil union law can help ensure that the process proceeds smoothly and that your rights are protected.

The Role of a Family Law Attorney

Establishing or dissolving a civil union can create unique challenges and legal complexities. At Masters Law Group, our attorneys provide professional legal representation for civil unions. Our attorneys have dedicated years and resources to understanding and fighting for LGBTQ+ rights. To showcase our experience, here are a few ways we can help:

  • Experienced Mediators: Erin E. Masters is approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. The firm’s mediation counselors have extensive experience in family law and are skilled in facilitating productive discussions between divorcing spouses.
  • Experienced Litigators: Our attorneys meticulously prepare legal arguments, gather evidence, and strategically plan to help secure your most favorable outcome.
  • Conflict Resolution: Our divorce attorneys are well-rounded in conflict resolution. We focus on finding peaceful solutions for all parties involved, including their children.
  • Protecting Your Interests: Masters Law Group attorneys work to protect your legal rights and the best interests of you and your children.

LGBTQ+ individuals can benefit from accessing diverse community resources tailored to their needs, complementing the assistance a family law attorney provides. These resources offer emotional support, legal guidance, and connections within the LGBTQ+ community.

LGBTQ+ Community Resources

Chicago, Illinois, boasts a vibrant LGBTQ+ community with numerous resources dedicated to supporting individuals in civil unions. The Center on Halsted is a comprehensive LGBTQ+ community center offering various services, including legal clinics, counseling, and support groups.

The Howard Brown Health Center also provides LGBTQ+-affirming healthcare services, including primary care, mental health services, and special programs for transgender and non-binary individuals. 

The Illinois Safe Schools Alliance focuses on creating safe and inclusive environments for LGBTQ+ youth in schools through advocacy and education. These organizations are vital in providing support, resources, and community connections for individuals in civil unions.

Celebrating Pride Month With Masters Law Group

As we celebrate Pride Month, it’s essential to recognize the ongoing struggles of same-sex couples. Seeking the guidance of a knowledgeable family law attorney can help individuals navigate civil unions successfully.

At Masters Law Group, we provide professional and individualized legal representation for various family law concerns, including civil unions. Our firm has dedicated considerable time to becoming knowledgeable and up-to-date in this new area of family law. Whether you want to form a civil union or need a civil union dissolution, we will take the time to fully understand your situation and provide honest advice regarding your options.

Contact us today to schedule a consultation.