Divorce for LGBTQ+ Couples in Illinois

August 1, 2025

The process of divorce can be challenging for anyone, but LGBTQ+ couples may encounter unique considerations due to legal, emotional, and logistical factors. Understanding your rights and options is essential to navigating the complexities of divorce in Illinois, whether it involves parental responsibilities, property division, or jurisdictional issues. This guide provides tailored insights and support for LGBTQ+ individuals facing divorce in Illinois.

 

Legal Protections for LGBTQ+ Couples Divorcing in Illinois

 

Illinois law provides the same legal rights and responsibilities to divorcing LGBTQ+ couples as it does to heterosexual couples in marriage and divorce.  Your most primary right is to be treated with the same care and respect as any other person. However, certain nuances may arise, particularly for couples who were together before same-sex marriage was legalized nationwide in 2015:

 

  • Civil Unions: If your relationship began as a civil union, you may need to dissolve the union in addition to the marriage (if you got married), depending on when and where the marriage was formalized.

 

  • Parental Rights: For LGBTQ+ parents, ensuring legal recognition of parentage can be an important part of your divorce. This is especially important for non-biological parents or those who did not formally adopt their children. However, this does require that the non-biological parent and the biological parent agree that the non-biological parent will continue to have a relationship with the child after the divorce.

 

  • Division of Property: Assets acquired during the relationship, even before the marriage, may be subject to division. An experienced attorney can help clarify how Illinois’s equitable distribution laws apply to your specific situation.

 

  • Navigating Parenting Plans and Responsibilities: Creating a parenting plan that prioritizes the well-being of your children can be especially complex for LGBTQ+ families. Illinois uses the term “parenting time allocation” rather than custody, emphasizing modern family dynamics. Key considerations include:
    • Addressing Unique Family Dynamics: LGBTQ+ families may have additional considerations, such as the involvement of a known sperm donor or surrogate. These factors should be addressed in parenting plans to avoid future disputes.
    • Facilitating Co-Parenting: Clear communication and detailed agreements are vital to ensuring smooth co-parenting arrangements. Tools like co-parenting apps can help streamline schedules and maintain positive interactions.

 

Jurisdictional Considerations for LGBTQ+ Couples

 

Illinois law allows for divorce if either party meets the residency requirements:

 

  • Illinois Residency Requirements: To file for divorce in Illinois, either you or your spouse must reside in the state for at least 90 days prior to filing. If you have strong ties to Illinois, such as owning property or maintaining a legal residence, these connections may support jurisdiction.

 

  • Out-of-State or International Residents: LGBTQ+ couples stationed overseas or living in another state can still file for divorce in Illinois if jurisdictional criteria are met. This is particularly relevant for those who meet Illinois’s jurisdictional requirements, such as residing in Illinois, having a spouse who resides in Illinois, or being stationed in Illinois if serving in the military.

 

Financial Considerations for Diorcing LGBTQ+ Couples

Financial matters in LGBTQ+ divorces can be intricate, particularly for couples who were together long before marriage equality was legalized. These could include:

  • Division of Assets and Debts: Illinois follows equitable distribution, meaning property is divided fairly but not necessarily equally. Assets acquired before marriage or during a civil union may require additional documentation to determine their classification.
  • Maintenance and Spousal Support: Alimony, which is actually known as maintenance in Illinois, is determined based on factors such as income, the length of the relationship, and each spouse’s financial needs. LGBTQ+ spouses may face unique challenges in demonstrating the duration of the partnership if it began before legal recognition.
  • Retirement and Benefits: Pensions, retirement accounts, and survivor benefits may require careful review to ensure fair distribution. It’s important to work with an attorney familiar with these complexities.

 

Why My Experience Matters

Having a knowledgeable attorney by your side can make a significant difference in navigating LGBTQ+ divorce. My experience includes working with LGBTQ+ individuals and families in the Metro East, addressing unique challenges such as parentage, long-term asset division, and jurisdictional concerns. And I promise, I will treat you the same as any other person.

If you are an LGBTQ+ individual considering divorce in Illinois, call my office or schedule a consultation directly with me. Together, we can develop a personalized plan tailored to your needs and circumstances.

 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult an attorney to discuss your specific situation.