The LGBTQ+ community has historically struggled to attain equality. Not so long ago, a spouse of a same-sex couple did not even have the right to visit an ill or dying partner in the hospital.  Unless there was a written agreement, the homemaker or domestic partner of a same-sex couple was not eligible to inherit the estate of a deceased breadwinner.  Instead, the estate would be liquidated and divided among blood relatives, even if the relatives were estranged. Effective June 1, 2014, Illinois recognized same-sex marriage. Same-sex spouses can get married and, if the marriage does not work out, they can get divorced. 

Divorce involving homosexual couples is typically the same as divorce involving heterosexual couples. However, there may be additional complications regarding child custody and other matters. 

Rights of Same-Sex Couples in Illinois 

The rights that same-sex married couples now retain include but are not limited to the following. 

In the United States, one in three women and one in seven men are victims of domestic violence. Due to fear, embarrassment, or shame, domestic violence incidents are underreported, so the actual statistics are probably higher. The abused, of course, have nothing to be ashamed of as they hold no culpability for the perpetrator's behavior. 

Domestic violence does not discriminate and affects all races, creeds, sexual orientations, and educational and socioeconomic backgrounds. A domestic violence attorney can help victims obtain orders of protection to help safeguard them from abusers.

Domestic violence devastates families and is detrimental to society. It comprises physical violence and many other forms of abuse.

 Divorce and child custody arrangements can be traumatic for a child, but uprooting a child from one city or state to another can elicit another host of traumatizing challenges. Motives such as employment advancement or a better educational opportunity might be a compelling reason for parental relocation. Still, the child's best interest should remain at the forefront of any life-changing decision. According to Illinois law, a parent with 50 percent or more parenting time is permitted to relocate the child without permission from the other parent or the court, so long as the relocation does not exceed a specific radius. 

When a move exceeds a certain radius, it is considered a relocation, necessitating permission from the other parent. If a parental relocation is in dispute, the parent can petition the court. 

Parental Relocation Law 

Effective January 1, 2022, Section 750 ILCS 603.5 of the Illinois Marriage and Dissolution of Marriage Act was amended with Section (a-5). This amendment allows the child's relocation to be temporary until a final judgment is made as long as it serves the child's best interests. The parental responsibilities of the original custody decree, including parenting time and decision-making, remain unchanged throughout the temporary basis of the relocation. This modification benefits the relocating parent by eliminating the waiting period for the court's final decision. Furthermore, Section (a-5) enables the family to temporarily assess how the relocation will affect the child and disputing parent.  

 Legal separation is an alternative to divorce, offering the disputing spouses space, security, and time to evaluate their marriage. Although not a surefire precursor to divorce, like divorce, legal separation also requires a court order. To seek a legal separation, married spouses must live apart and address parental responsibilities, child support, and spousal support. Divorce can be emotionally strenuous and financially draining. Legal separation might be a viable solution as it can prepare families for the finalization of divorce or give them a chance of reconciliation.

Similarities and Differences between Legal Separation and Divorce

In a legal separation, all assets and debts accumulated after the separation are non-marital, but benefits like health insurance are still shared. Legally separated spouses are granted the liberty to assess their marital strife peacefully. Legal separation can be temporary as there is always a possibility of a reunion. Separated spouses are still technically married.

Divorce ends a marriage. Marital property is divided, and shared benefits are terminated. Divorce is final, and contested ones can be acrimonious and prolonged in courts. 

Divorced and unmarried parents still need to provide financial support to their children. In Illinois, this is accomplished through child support payments. Many parents are confused about their child support rights and responsibilities in Illinois. They do not know how much payments will be or who will receive payments. Parents also have questions about what to do when a parent is not paying child support. Whether you are unmarried, divorced, or intend to divorce soon, it is important to understand how child support is handled in Illinois.

Calculating the Amount of Support

Divorcing spouses are able to reach their own agreements about divorce issues like property division or child custody. However, child support is always decided by the court. The amount that a parent pays is based on a mathematical formula that takes both parents’ financial circumstances into account. The parent with less parenting time (previously called visitation) pays child support to the parent with greater parenting time. Courts can deviate from the child support formula in certain situations, including with one or both parents have an exceptionally high income.

Getting a Child Support Order

Many single parents struggle to make ends meet because the other parent is not helping them pay for child-related expenses. If you want to receive child support from your child’s other parent, you can enroll through the Illinois Healthcare and Family Services Department of Child Support Services. If you are a mother seeking child support from a father, you will need to establish paternity before you can request child support from him.