Same-Sex Divorce/Family Law

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Divorce Lawyer
Same-Sex Divorce/Family Law

Our Flat Fee Divorce Rates


Uncontested Divorce No Children

Starting At$1,800

Uncontested Divorce With Children

Same-Sex Divorce Attorney

Resolution of LGBTQ+ Family Law Disputes

Same-sex married couples in Illinois go through the same divorce process that an opposite-sex couple would. Because Illinois is a no-fault divorce state, neither spouse needs to claim a reason for divorce other than having irreconcilable differences. However, certain issues unique to same-sex couples can complicate a divorce. At Reifman Law Offices, we strive to take as much stress out of the divorce process as we can and find a resolution that works for you. Each divorce is as unique as the individuals involved.

Having practiced divorce law for almost 20 years, Attorney Arkady Reifman has the experience necessary to help you navigate your divorce and achieve an outcome that suits your needs. Although same-sex divorce is a relatively new field of law, Reifman Law Offices has the experience needed to settle every issue you may face.

What Issues Are Unique to Same-Sex Divorce?

For the most part, same-sex divorce is no different than opposite-sex divorce in Illinois. Same-sex marriage has been legally recognized in the state since 2014, and so has same-sex divorce. There are, however, a few legal challenges that tend to appear more often in same-sex divorces. The two main challenges may be child custody and the division of property and finances.

Division of Property and Finances in Same-Sex Divorce

The reason that division of property and finances can be challenging is that many same-sex couples lived together in a civil union or other marriage-like relationship for a long time before winning the right to marry legally in 2014. Even if the official length of the marriage was relatively short, the marriage-like relationship may have lasted much longer. Couples may have combined bank accounts, bought a house together, made joint investments, or otherwise linked their finances long before they legally married.

Reifman Law Offices knows how to untangle complex financial situations during a divorce. While no divorce is ever easy, we can be counted on to take as much stress away from you as possible and resolve any financial entanglements.

Child Custody in Same-Sex Divorce

Child custody may be more complicated in same-sex divorce. In 2015, the Illinois Parentage Act clarified that a child born to a married mother is legally presumed to also be the child of the mother’s spouse, regardless of the gender or sex of the spouse. This law is fairly straightforward when applied to two women who are married – if one gives birth, her wife is also the child’s legal parent. The situation is slightly more difficult for male same-sex couples – both would have to legally adopt the child to become the child’s legal parent.

Again, the recency of legally recognized same-sex marriage further complicates the situation for couples who lived in marriage-like relationships before 2014. If a same-sex couple began raising children together before they were able to marry, the court will need to decide who the child’s legal parent or parents are. If this situation applies to you and you are not the biological parent, you probably have concerns over whether you will be able to continue the relationship you have with your child.

Reifman Law Offices is committed to resolving your child custody situation in a way that balances your interests with the child’s interests. Often, it is in the best interest of the child to continue her relationship with both people she knows as her parents. We understand the emotionally charged nature of child custody issues in same-sex divorce and will be here to protect your interests throughout the entire divorce process.

Contact a Schaumburg Same-Sex Divorce Lawyer

At Reifman Law Offices, we are very experienced in the field of divorce and family law. Despite the newness of same-sex divorce, our attorneys understand the unique challenges same-sex couples face when seeking a divorce. We will address each and every concern you may have and tailor our approach to your unique situation and individual needs. Contact us to find out how we can help. Call 847-229-8433 to schedule a free consultation. We have locations in Arlington Heights, Palatine, Rolling Meadows, Elk Grove Village, Streamwood, Hoffman Estates, Barrington, and West Dundee.

At Reifman Law Offices,

we will take the weight of dealing with family legal issues off of your shoulders.
Call Us 847-229-8433

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Arkady Reifman

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