Tag Archive for: Illinois same sex marriage

The Pros and Cons of Civil Unions

Welcome to Pride Month! Civil unions have gained significant attention as an alternative to traditional marriage. As we celebrate Pride Month, we must recognize civil unions’ role in providing legal protection for same-sex couples.

June pays tribute to the historic events of the 1969 Stonewall uprising in New York City. Courageous LGBTQ+ individuals took a stand against police brutality and discrimination, demanding justice and equal treatment for all. Pride Month showcases the progress made since Stonewall and the progress we must continue to make to secure equal rights for the LGBTQ+ community.

Despite the strides made, discrimination and violence against the LGBTQ+ community still persist. Marriage equality, in particular, remains a pressing issue at the forefront of Pride discussions. In this blog, we will examine the pros and cons of civil unions in Illinois, shedding light on their impact on individuals and society. Here’s what you should know.

Understanding Civil Unions

Before we delve deeper into the pros and cons of civil unions, it’s crucial to understand what they are. Civil unions offer a legally recognized relationship for consenting adults– regardless of sexual orientation or gender. Illinois became the first state to legalize civil unions on June 1, 2011

Contrary to a common misconception, civil unions are not exclusive to same-sex couples. Both same-sex and opposite-sex couples in committed relationships can enter into a civil partnership in Illinois. Partners who choose to enter into a civil union in Illinois are entitled to the same legal obligations, protections, and benefits that state law provides to married spouses. This includes matters such as:

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

Civil unions ensure that couples, regardless of gender or sexual orientation, receive equal treatment and recognition under state law. However, it is essential to know that civil unions entered into Illinois do not carry credit under federal regulations. This means that partners in a civil union are granted limited access to the extensive obligations, protections, and benefits federal law provides to married spouses. Such federal benefits include filing joint tax returns, immigration, and social security benefits.

Understanding the distinction between state and federal recognition is vital for couples considering a civil union in Illinois. While civil unions afford important legal protections at the state level, they may need national recognition and the accompanying benefits and responsibilities. By comprehending the scope and limitations, individuals can make informed decisions about their legal relationships. It’s always best practice to seek legal advice to fully understand the implications and potential consequences. Let’s look at the pros and cons of civil unions in Illinois.

Pros of Civil Unions in Illinois

Legal Recognition and Protection

One of the most significant advantages of civil unions is the legal recognition they offer to couples. This legal recognition helps to ensure equality and fairness for all teams, regardless of their sexual orientation. In Illinois, civil unions provide couples with a wide array of rights and protections, including hospital visitation rights, inheritance rights, access to health insurance coverage, and the ability to make medical decisions for one’s partner. 

Financial Benefits

Civil unions grant couples in Illinois the same state-level benefits and responsibilities as married couples. This includes tax benefits, sharing health insurance policies, and eligibility for spousal benefits, such as Social Security survivor benefits. These financial advantages can significantly impact the lives of couples, providing them with economic security and stability.

Parental Rights

Civil unions also offer crucial parental rights to same-sex couples in Illinois. Through a civil union, both partners can be recognized as legal parents to any children born or adopted during the union. This ensures both parents have equal rights and responsibilities in raising their children, providing a more secure and stable family environment.

Cons of Civil Unions in Illinois:

Limited Federal Recognition

While civil unions provide legal recognition at the state level, they are not recognized federally. This means that couples in civil unions may not be entitled to certain federal benefits and protections that married couples enjoy, such as access to federal tax benefits and immigration benefits. This lack of national recognition can create disparities and challenges for couples, especially regarding immigration and federal taxes.

Social Stigma and Perception

Despite the progress in achieving legal recognition, civil unions may still face social stigma and discrimination. Some individuals and institutions may need to fully recognize or respect civil unions, leading to challenges such as employment benefits, housing, and public perception. While societal attitudes are evolving, it is essential to acknowledge that prejudice and discrimination can persist, affecting couples’ everyday lives in civil unions.

Varying Legal Protections

Although civil unions provide significant legal protections in Illinois, they may not be as comprehensive as those offered through marriage. The nuances and variations in legal recognition across different jurisdictions can create uncertainty and potential limitations for couples in civil unions, particularly if they move or travel outside the state. The lack of uniformity can lead to complications when dealing with legal matters in different contexts.

Working With A Civil Union Attorney

Establishing or dissolving a civil union can create unique challenges and legal complexities. That’s why having a knowledgeable and experienced lawyer ensures your rights and interests are protected at every step. At Masters Law Group, our attorneys have extensive experience providing professional legal representation for civil unions. Recognizing the significance of civil unions in contemporary society, we have dedicated substantial time and resources to staying informed and up-to-date in this evolving area of family law.

Whether you seek to form a civil union or find yourself in a situation where a civil union dissolution is necessary, our team is here to support you. We understand that each client’s circumstances are unique, and we take the time to listen attentively, understanding your situation comprehensively. If you require legal assistance related to civil unions, we are here to help. Discover how our personalized approach can guide you toward a successful outcome.

Community Resources

Chicago, Illinois, boasts a vibrant LGBTQ+ community with numerous resources dedicated to supporting individuals in civil unions. The Center on Halsted 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 specialized 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 and many others in Chicago are vital in providing support, resources, and community connections for individuals in civil unions.

Final Thoughts

Civil unions in Illinois have played a vital role in providing legal recognition, rights, and protections to couples, regardless of their sexual orientation. They offer a pathway to formalize relationships and establish legal rights and responsibilities. Understanding these pros and cons is essential in fostering a more inclusive and equitable society that recognizes and supports all types of relationships.

At Masters Law Group, we are committed to providing exceptional, individualized services to clients in civil union matters. 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 here today to schedule a consultation.

Wishing everyone a happy Pride Month from the entire team at Masters Law Group!

Getting a Same-Sex Divorce in Illinois.

Divorce is the last thing you think about when you and your spouse are exchanging vows. However, for different reasons, divorce happens. When it comes to divorce and child custody cases involving same-sex couples, there are many factors that can complicate the court’s ruling.

Along with the right to marry in Illinois (and every state in America), marriage equality laws also gave couples the right to divorce, regardless of where they live. But, in some cases, the divorce process can become complex.

Because same-sex marriage hasn’t been legal for too long, courts have broad discretion when making decisions about relationships that were in place long before the Supreme Court’s landmark decision. One of the biggest issues same-sex couples run into when they get divorced is determining how to award spousal and child support if the couple was living together as domestic partners much longer than their legal marriage. Same-sex couples often see one spouse adopt children and then they live as a family, without the benefit of a joint- or cross- or co-adoption.  That could spell disaster for the non-adopting parent.

Parental Responsibilities

Parental responsibilities are different for someone married to a child’s birth mother. The law spells out how the birth mother’s spouse can be the legal parent of the child. For two married men, adoption is often the route to parentage, for married women, the female who did not give birth also usually adopts the child/children.

Since 2016, instead of dividing up “custody” and “visitation,” divorcing parents make an “allocation of parental responsibilities.” Under the revised Marriage and Dissolution of Marriage Act, only non-parents get visitation.

You must be a parent to have any parental responsibilities. Who’s a parent is determined by the Illinois Parentage Act. The Parentage Act spells out 4 ways the spouse of the birth mother can be legally presumed to be the child’s parent. The law below applies to both marriages and civil unions. It also applies to a male or female spouse of the birth mother. The four paths to parenthood are:

  1. The child is born while the spouses are married to each other.
  2. The child is born after the marriage is over. It must be within 300 days after that termination.
  3. The first 2 situations, but where the couple tried 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. Plus, that person consents to being added to the child’s birth certificate.

Parenthood for two married men results from one being the child’s biological father, and the other adopting the child,. Or, it results from both spouses adopting a child together.

Same-Sex Divorce Procedure

Generally – asides from the issue of Child Custody (Parenting Time) – the divorce process for same-sex couples is not different compared to a divorce involving a heterosexual couple.

  1. File the Petition for ‘Dissolution of Marriage’. To properly file in Illinois, one or both parties must establish residency within the state for at least 90 days before commencement of the case. The petition must state whether the divorce action is sought on fault or no-fault grounds. (Contested or Uncontested).
  2. Serve the complaint on the other spouse.
  3. The other spouse files an answer to the petition or risks a default judgment from the court.
  4. The investigation and negotiation stage occurs, where the couple’s attorneys gather relevant evidence and prepare for a court appearance. The couple may also work toward a mutually-agreeable settlement through divorce mediation.
  5. A trial commences if no settlement is reached. At this stage, the divorce is granted, and the court determines issues like custody, child support, spousal maintenance and the division of the couple’s property.

Hiring the Right Experienced Same-Sex Divorce Attorney

If you are going through a same-sex divorce, you probably have many questions about the process.

By hiring a knowledgeable and experienced divorce attorney – who understands the unique challenges same-sex couples face – will ensure that your interests are protected during the dissolution of your marriage. How? Since it is possible to encounter judges or other court personnel who may have had limited interactions with same-sex divorces or same-sex individuals in general, it is important to have an attorney who is not only sensitive to the dynamic, but one who is well known by the Court and knowledgeable of the various laws.

Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients assurance and well being in mind.

Whether you are facing a same-sex contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Divorce cases involving substantial assets or complex estates require specialized knowledge.  Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

Don’t go it alone. Contact us here today to schedule a consultation.