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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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DuPage County Same-Sex Marriage and Divorce Attorneys

Oak Brook Same Sex Family Lawyers

Lawyers for LGBTQ Clients with Family Law Concerns in Elmhurst, Oak Brook and Oak Park

At Wakenight & Associates, P.C., we know that same-sex couples have historically struggled to obtain equal rights regarding marriage as any other couples. The law in Illinois and the United States has been changed in recent years to recognize the rights of same-sex couples, which means same-sex couples can file joint tax returns, own real estate together, qualify for spousal benefits, and generally enjoy the same rights and responsibilities associated with marriage.

With the right to marry, however, comes the possibility of divorce. If you are a member of the LGBTQ community and you are facing a divorce, it is important to work with an attorney who can help you manage the avalanche of practical, logical, social, financial, spousal, custodial, parental, and legal factors associated with the process. You need Wakenight & Associates, P.C.

Common Property Issues for Same-Sex Couples

According to Illinois law, a couple's marital property is to be divided equitably between the spouses during a divorce. The law also provides that marital property generally includes the assets and debts accumulated by either spouse during the marriage. While this sounds simple enough, the reality is that same-sex marriage has only been legal in Illinois since 2014, and many gay and lesbian couples have been together for much longer than that. Illinois courts have confirmed that property acquired prior to the legalization of same-sex marriage is not considered to be marital property, regardless of how long the couple was together.

With this in mind, our attorneys help same-sex couples develop equitable property agreements that reduce and possibly eliminate the uncertainty of relying on the courts. We work hard on behalf of our clients to ensure they have the resources they need to build a happier, healthier future.

Child-Related Concerns in a Same-Sex Divorce

Under the Illinois Parentage Act, when a married woman gives birth to a child, the mother's spouse is presumed to be the child's second legal parent, regardless of the spouse's gender. Such a presumption, however, is not always enough to secure a legal relationship between the child and the non-biological parent. In a case like this, the lawyers at Wakenight & Associates, P.C. can help you determine if a second-parent adoption is necessary to protect your parental rights.

During a same-sex divorce, a child's legal parents will need to address issues such as parental responsibilities (child custody) and parenting time (visitation). Child support is also likely to be ordered by the court based on the income and responsibilities of each parent.

Compassionate, Forward-Thinking Lawyers in Lombard

The attorneys at Wakenight & Associates, P.C. have more than 95 years of combined family law experience. In addition, our firm is dedicated exclusively to divorce and family-related concerns. Our team is fully committed to protecting the rights of our clients, regardless of gender or sexual orientation. We treat every client with respect, dignity, and compassion, and we will work hard to help you obtain a favorable outcome in your divorce.

If you would like to learn more about our firm and our approach to same-sex family law matters, contact our office. Call 630-852-9700 for a free, confidential consultation. Our lawyers serve LGBTQ families in Elmhurst, Oak Brook, Villa Park, Addison, Lombard, Hinsdale, La Grange, Kane County, DuPage County, and the surrounding areas.

  • Elite Lawyer
  • American Bar Association
  • Better Business Association
  • Illinois State Bar Association
  • West Suburban Bar Association
  • Northwest Suburban Bar Association
  • Will County Bar Association
  • DuPage County Bar Association
  • Lake County Bar Association
  • Kane County Bar Association




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