LGBTQ Divorce Lawyers in Downers Grove Providing Compassionate Representation

When your marriage has come to an end, divorce may be the best option for you and your spouse. But navigating a divorce can bring up complex topics, like child custody, parental rights, and property division. If you and your spouse struggle to agree on the terms of your divorce, you’re not the only one. Fortunately, there are many avenues you can choose to resolve your divorce quickly with the help of an experienced LGBTQ divorce attorney on your side.

Our team at Buchanan Law Group is knowledgeable in all areas of LGBTQ family law, including divorce. We can represent you and help you negotiate with your spouse to ensure the terms of your divorce are fair and just. We will also help you navigate those complex subjects, like child support, so you can separate from your spouse quickly and move on with your life. For a free consultation and to learn more about our services, call today at 630-866-8303.

What Issues May Arise During an LGBTQ Divorce?

All divorce cases are unique, and some have other factors that may need to be addressed. However, some common issues arise in same-sex couple divorces. Problems like these can be difficult to negotiate without the help of a professional attorney.

These issues can include:

Spousal Support

Spousal support, also known as alimony, is a payment from one spouse to another. Typically, the divorce will stipulate how much this payment is and the duration of the payment. Judges will often look at both spouses’ income, standard of living, and basic needs to decide whether spousal support is needed. However, without a lawyer on your side, you could end up paying thousands in spousal support every month.

Parental Rights and Responsibilities

Child custodial rights can become tricky, especially in a same-sex divorce. Parenting agreements can become muddled and complex because there is often only one biological parent (or no biological parents). Fortunately, a divorce lawyer on our team can protect your legal rights as a parent and advocate for child custody on your behalf.

Division of Marital Assets

In a divorce, marital assets must be divided equally between couples. These assets can include property, debt, and investments, if applicable. Negotiating these assets can become challenging if there is no prenuptial or postnuptial agreement. A professional on our team would be happy to review your case and advise you on protecting your assets.

Civil Union or Domestic Partnership

Separating can be a complex process if you and your spouse are in a civil union or domestic partnership. In some cases, it’s more complicated than a divorce and can take additional paperwork or court hearings. Fortunately, our team can help you quickly navigate this process and separate from your spouse.

Domestic Abuse Allegations

Unfortunately, domestic abuse can be a factor in some divorce cases. If you are dealing with domestic abuse in your relationship, our team can help you file for an order of protection or a restraining order to speed the divorce process along. We can also help you protect your rights and advocate for you as you move through the divorce process with your spouse.

How is Child Custody Handled in an LGBTQ Divorce?

Since child custody can be complicated, there are a few different ways it can be handled during an LGBTQ divorce. In some cases, the non-biological parent would prove a second-parent adoption or that they have parental rights by being listed on the birth certificate. In other cases, a cohabitation agreement between spouses may be enough to prove that you are a parent figure in your child’s life. If you and your spouse have children, don’t wait to seek experienced support. Our team can help you advocate for your rights and negotiate custody with your spouse. Having a professional on your side is essential, especially if you are dealing with surrogacy agreements or adoption.

How is a Divorce Resolved?

In many cases, divorces can be resolved and agreed upon without going to court. However, litigation is always an option for couples who cannot reach a compromise.
Below are some of the main techniques couples will use to resolve a divorce:

Divorce Mediation

During mediation, couples meet with a third party, also known as a mediator, to discuss the terms of their divorce. The mediator will assist both spouses in advocating for their rights and reaching a compromise. Although it’s not mandatory, you can hire legal representation to counsel you during mediation.

Collaboration

Divorce collaboration is a newer type of mediation. In collaboration, both parties hire lawyers and other professionals, like psychologists or financial advisors, to weigh in on issues they have. Using statements from these professionals, couples will reach an agreement on the terms of their divorce, which can then be written into the divorce papers.

Arbitration

Arbitration is a lesser version of litigation. During the arbitration, couples can choose their arbitrator as well as the time and date of their court hearing. And while individuals cannot appeal any of the decisions made during arbitration, it’s a good option for those who have failed to reach a compromise in the past.

Litigation

Litigation is the process of going before a judge for a ruling on your divorce. Each party will be allowed to have legal representation and plead their case. Then, the judge will decide on the terms of the divorce.

Should I Hire an LGBTQ Divorce Lawyer?

Going through a divorce can be a stressful time in your life, which is made even more stressful if you and your spouse can’t agree on your divorce terms. Hiring an experienced LGBTQ divorce attorney to advocate for you will protect your rights and ensure your divorce is fair. For a free consultation, call our team at Buchanan Law Group at 630-866-8303.