Divorce and same-sex couples

On Behalf of | Aug 2, 2022 | High-Asset Divorce |

Same-sex marriage in Illinois often offers the same benefits as a heterosexual marriage. This means that each party can be on the other person’s healthcare plan or receive exemptions regarding taxes. If you make the decision to divorce, then the process is typically the same as it would be if you were married to someone of the other sex.


While looking at GLBTQ family law, the overall procedure is the same for filing a divorce. You would need to meet the specific requirements of the state for the length of time that you have not lived together and for how long you’ve lived in the state before filing. In most situations, there should be an acceptable reason for filing for a divorce. Keep in mind that there are some circumstances that could fall under a no-fault divorce. This means that you don’t have to give details aside from one or both parties no longer wanting to be married.

Custody and child support

If you have children together, then these are details that can often be worked out during the divorce proceedings so that everything is completed at the same time. Since adoption is legal for same-sex couples along with other ways of having children in a same-sex marriage, the same rights and laws apply to custody and child support as they would for a heterosexual couple, which means that one person can file for child support while both parties establish a parenting plan so that each parent sees the child after the relationship is dissolved.


Most of the time, assets that are obtained together during the divorce are equally divided in court. Keep in mind that even if you share something together, it might not be equally divided if it was obtained before you got married.

While a same-sex marriage can have its drawbacks when it comes to some legalities, divorce is something that’s often treated the same as a heterosexual marriage.