You will need to file a petition for dissolution of your civil union. Civil union spouses will be eligible for maintenance like alimony and court assistance in allocating child custody, awarding visitation and support, and dividing property on the same terms as marital spouses. If you entered into a civil union in another state or country and now you or your spouse live in Illinois, then you can dissolve your civil union here in Illinois.
What if I live in another state when I want to dissolve my Illinois civil union? By entering into an Illinois civil union, you agree that the Illinois courts have authority over your relationship. That means that you can dissolve your civil union through the Illinois court system even if one or both of you no longer live in Illinois. To schedule an appointment with a family law attorney , call or contact us by e-mail. Civil Unions. How do I know if we should enter into a Civil Union or get married?
What is a Civil Union? Dissolving a Civil Union The Civil Union Act applies the same legal grounds for dissolving a civil union as are required for a dissolution of marriage under the Illinois Marriage and Dissolution of Marriage Act but does not incorporate the provisions of this Act related to property division , child support , and custody. Same Sex Marriage Illinois legalized same sex marriages in Jonathan Merel Founder and Managing Principal.
Melissa Caballero Managing Partner. Aurelija Fitzpatrick Partner. David Zwaska Partner. Bradley R. Kaye Partner. William McSurley Partner. Jaclyn DeSana Associate. Alexandra Brinkmeier Associate. Josephine Norton Associate. A civil union is similar to marriage. For example, Illinois law says that alimony ends on remarriage. It should also end upon getting a civil union. Illinois created civil unions in Then, Illinois legalized same-sex marriage in Previously, Illinois had outlawed same-sex marriage in This was after the Defense of Marriage Act banned same-sex spouses from getting federal benefits.
In , the U. Supreme Court held that state laws banning same-sex marriage were not allowed. They can't do this even with parental consent. The process for getting a civil union is similar to getting married. You apply for a certificate of civil union.
They then complete the civil union certificate. They must file it with the County Clerk in 10 days. Any civil union can be changed into a marriage. The reverse doesn't apply. It requires getting a marriage license. Civil unions in Illinois will not be granted to ancestors; descendants; two siblings; an uncle and a niece or nephew; an aunt and a niece or nephew; or between first cousins. Individuals are also prohibited from entering into a civil union in Illinois if one person is already a part of a marriage, civil union, or a similar legal relationship that has been established in another state.
According to the Illinois General Assembly , if a marriage between two individuals of the same sex, a civil union, or similar legal relationship aside from common law marriage, was legally entered into in another state, it is recognized in Illinois as a civil union.
In entering into a civil union, two individuals will be given property, visitation , and inheritance rights that are provided to married couples in Illinois. Civil unions also provide two individuals the legality to make decisions for one another in the event that a debilitating illness or other literal matters of life and death arise.
In providing a couple with legal rights and protections relating to power of attorney and matters of health, civil unions serve as a vital way for people in committed relationships to decide on important issues and ensure that their loved one's wishes are fulfilled and that their rights aren't violated.
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