Chicago Same Sex Divorce Lawyer

Same Sex Divorce Lawyer Chicago

If you’re ending a same-sex marriage in Chicago, the legal process is not always as straightforward as it appears on paper. Illinois recognizes same-sex marriage fully under state law. However, the practical realities from how long a couple was together before marriage was legal and how parental rights were established can complicate your situation. Our Chicago, IL same sex divorce lawyer knows that clients often come to us when they are at a crossroads in life. We are here to help you move through with clarity and confidence. Contact us to schedule a consultation.

Why Choose Merel Family Law for Same Sex Divorce in Chicago, IL?

A Firm That Understands the Full Picture

Jonathan Merel, Founder and Managing Principal, opened this firm with a specific vision to take care of family law matters differently. He is licensed in Illinois, Wisconsin, and Michigan, and has been practicing since before same-sex marriage became federally recognized. His experience, motivation, and history of making a difference for clients shows. He has witnessed the legal landscape around LGBTQ+ divorce evolve in real time. He has adapted his approach accordingly.

At Merel Family Law, our attorneys collectively bring 221 years of combined experience to family law matters in Illinois. This reflects decades of handling cases across all levels of complexity, from simple uncontested divorces to high-asset splits involving businesses, retirement accounts, and property spread across multiple states. We are one of Chicago’s most recognized family law practices, with a team that includes Partners, Associates, and an in-house divorce coach, which is a model we introduced as the first of its kind in the industry.

LGBTQ+ Divorce Requires Specific Knowledge

Same-sex couples in Illinois often face layered legal questions that don’t arise in opposite-sex divorces. Couples who were together for years before they could legally marry may have assets, debts, and children that predate the marriage certificate. Illinois courts will generally only divide marital property, meaning what came before the marriage may need to be carefully traced and documented. We can assist you with reviewing which assets would be considered as part of your divorce process.

Parental rights are another area where things can get complicated for same-sex couples. If one partner is not a biological parent and no second-parent adoption was completed, that partner may have limited legal standing. When an emotional bond has been formed and the non-biological parent wishes to maintain a relationship with the child they helped care for, this can create an emotional situation. We know what to look for and how to protect our clients’ rights in those predicaments.

A Track Record Clients Trust

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“I cannot begin with this Firm.. Headline- FANTASTIC EXPERIENCE. Divorced and happy. my experience started when I had a phone call with the founder, Jonathan Merel. I cried during that conversation, and despite all the clients he’s had over the years, he received my tears with understanding and empathy. I decided to trust him and become a client.” — Keri Lindsay

Read more reviews on our Google Business Profile.

Types of Same Sex Divorce Cases We Handle in Chicago

Same-sex divorce is not a single-issue matter. Depending on how long a couple was together, what they own, and whether children are involved, the case can span several distinct legal questions at once. Here are examples of cases we have handled in the past and are more than happy to support you with.

• Collaborative divorce. When both parties agree on all major issues, we help structure and document a settlement that is favorable for all involved.

• Child custody and parental rights. This is one of the most sensitive areas in LGBTQ+ family law. We work through allocation of parental responsibility and parenting time, paying close attention to each parent’s legal relationship with the child. Child custody and parental rights can become an emotional topic that we are prepared to handle.

• Property division. Illinois follows equitable distribution principles under the Illinois Marriage and Dissolution of Marriage Act. For same-sex couples, defining what qualifies as marital versus non-marital property can require additional documentation, especially when cohabitation predates marriage.

• Spousal support. Maintenance in Illinois is calculated using a statutory formula, but there are factors a judge may weigh outside that formula. We know how to present those arguments based on the earnings of each partner, and who needs monetary support as they part ways on a new path.

• High-asset same-sex divorce. Business interests, executive compensation, retirement accounts, and real estate are all cases that require forensic analysis, detailed discovery, and careful strategy. If you have a high-asset divorce or other variables to consider, we suggest getting legal help as soon as possible.

• Divorce mediation. Some couples prefer to resolve their divorce outside of court. Mediation can be a productive path when both parties are willing to negotiate in good faith. We represent clients in mediation and help them understand when it’s the right fit.

Important Aspects of Chicago Same Sex Divorce

Illinois became one of the first states to legalize same-sex marriage in 2013, but legal recognition didn’t erase the complexity that many same-sex couples carry into divorce proceedings. Here are important aspects of same-sex divorces to consider.

The timeline factor. Many same-sex couples were in committed relationships, sometimes raising children, buying homes, building businesses together, long before they could legally marry. Illinois courts look at the date of the marriage, not the start of the relationship, when deciding what’s marital property. This can feel deeply unfair. In some cases, there are legal tools available to address it, and we’ll advise you honestly on what those options look like.

Parentage and adoption. If one spouse is a biological parent and the other never completed a second-parent adoption, that spouse’s parental rights may be contested. Illinois law has evolved on this issue, but it still requires careful legal navigation. Don’t assume both parents have equal standing without confirming it.

Out-of-state complications. Some couples married in a state where same-sex marriage was legal before Illinois, or have assets in states with different rules. That adds a jurisdictional layer to the divorce. We’ve handled cases involving parties and property in multiple states.

Modifying prior agreements. Prenuptial or postnuptial agreements drafted before marriage equality can raise questions about enforceability, intent, and scope. We review these carefully. Illinois courts apply the same standards for prenuptial agreements under 750 ILCS 10/1 et seq., but context matters. We can review any agreements made before or during the marriage and talk further about how this may impact your current divorce proceeding.

How Can a Same Sex Divorce Lawyer in Chicago Help Me?

Hiring a lawyer who understands LGBTQ+ divorce specifically isn’t just about finding someone affirming, it’s about protecting your legal interests at every stage of a case that can move in unexpected directions. Here’s what our attorneys provide:

• Clear assessment of your legal standing. Before anything else, we identify the exact legal rights and risks in your situation, including parentage, property, and any prior agreements that could affect the outcome.

• Protection of parental rights. Whether you’re a biological parent, an adoptive parent, or a de facto parent with years of involvement in a child’s life, we work to protect your relationship with your child throughout the process.

• Accurate property characterization. We trace what belongs in the marital estate and what doesn’t. For couples whose relationship predates their marriage, that analysis can make a significant financial difference.

• Spousal maintenance advocacy. Whether you’re seeking maintenance or responding to a claim, our attorneys know how Illinois calculates spousal support and how to argue effectively for a result that reflects your actual circumstances.

• Strategic guidance on resolution path. Whether you are dealing with litigation, mediation, or collaborative divorce, we help you choose the approach that fits your case and not a one-size-fits-all process.

• Modification and enforcement after the divorce. Once a judgment is entered, issues can come up, such as support modifications, custody changes, and violations of court orders.

• Honest advice throughout. We don’t make promises we can’t keep. We tell clients what outcomes are realistic, what the risks are, and what we’d recommend. That’s what you deserve when you’re making decisions that affect the rest of your life.

Contact Merel Family Law

If you’re considering a same-sex divorce in Chicago or anywhere in Illinois, we’re ready to help. We understand that this can be an emotional time where you are concerned about your finances, children, and overall wellbeing. We can guide you through your situation, identify the key issues, and review your options. We hope to be the support you need today. Contact us to schedule an initial consultation.