Aurora, IL Civil Union Dissolution Attorneys

Experienced Attorneys Helping Protect Clients' Rights When Dissolving Civil Unions in Aurora, Illinois

Civil unions offer couples many of the same legal rights and responsibilities as marriage. While they are usually seen as an option for same-sex couples, they are available to any couple, regardless of the spouses' sexual orientations. When a civil union ends, the legal process for dissolution can raise complex and emotionally charged questions. Just like divorce, the termination of a civil union involves resolving issues related to property, finances, and children.

At The Law Office of Matthew M. Williams, P.C., we help clients in same-sex and opposite-sex civil unions protect their rights, reach fair settlements, and transition smoothly into the next phases of their lives. Whether your dissolution is amicable or contested, we will take a practical, compassionate approach, working to address your needs and resolve any issues you may encounter.

What Is a Civil Union?

A civil union is a legally recognized relationship between two adults that grants many of the same legal protections, obligations, and benefits as marriage under Illinois law. Civil unions are open to both same-sex and opposite-sex couples.

Couples in a civil union enjoy rights such as:

• Property ownership and inheritance rights
• The ability to receive health insurance coverage through a partner's employer
• Medical decision-making authority for a partner
• Parental rights regarding children born or adopted during the union

These rights and responsibilities mirror those granted to married couples, which is why the dissolution process for civil unions closely parallels that of divorce.

Dissolving a Civil Union in Illinois

Ending a civil union requires a formal legal process similar to divorce. This process is known as a dissolution of civil union, and it will result in a court judgment that legally ends the relationship and resolves the related issues.

Key Issues to Resolve in Civil Union Dissolution

Just like divorce, a civil union dissolution can involve multiple legal and financial concerns, including:

• Property Division: Property owned by a couple, including homes, vehicles, bank accounts, retirement plans, and other assets acquired during the civil union, will be divided equitably. Courts will also divide joint debts such as mortgages, credit card balances, and loans.
• Spousal Maintenance (Alimony): A party may seek financial support after the dissolution of a civil union, especially if there is a disparity in income or if one party sacrificed career advancement during the relationship. Illinois courts use the same criteria as in divorce to determine whether maintenance is appropriate and calculate the amount and duration of payments.
• Parental Responsibilities and Parenting Time: If the couple has children together (biological or adopted), the court will allocate decision-making authority and create parenting time schedules. The court's decisions are based on the best interests of the child, and both parents will typically retain the right to maintain a meaningful relationship with their children.
• Child Support: The amount of support that parents will be obligated to provide for their children will be determined using Illinois' income shares model, which takes into account both parents' incomes.
• Health Insurance and Benefits: Couples in civil unions often share employer-sponsored health insurance. The end of the civil union may affect coverage, and COBRA-like continuation may be available, depending on the plan.
• Contractual Rights and Agreements: Some civil unions involve contracts signed before or during the relationship, including cohabitation agreements or property sharing contracts. These contracts can impact how assets are divided, and they will need to be reviewed during the dissolution process to ensure that they are followed correctly.

Civil Unions and Divorce: Key Similarities and Differences

While civil union dissolution mirrors divorce in most respects, there are a few notable distinctions:

• Federal Recognition: Although same-sex marriage is now federally recognized, not all federal agencies uniformly treat civil unions the same as marriages. This can affect tax treatment, Social Security benefits, and certain pension plans.
• Conversion to Marriage: Couples who entered into a civil union may have later converted their legal relationship into a marriage. In these cases, the court will consider the duration of the union when addressing issues related to spousal maintenance and property division.

Contact Our Aurora, IL Civil Union Dissolution Attorneys

If you are ending a civil union, you can turn to The Law Office of Matthew M. Williams, P.C. to learn about your options and receive legal representation during your case. We are here to help you navigate this transition, and we will work to ensure that your rights are fully protected. Call 630-409-8184 or contact our Aurora civil union dissolution lawyers to schedule a free consultation.