LGBTQ Representation

Schiller DuCanto & Fleck has lawyers sensitive to and well acquainted with unique challenges in gay and lesbian marriages.

Marriages

Thanks to the historic United States Supreme Court decision in Obergefell v. Hodges decided in 2015 marriage is no longer limited to heterosexuals. This expands the same rights and responsibilities to the LGBTQ community concerning marriage and divorce as those of heterosexual marriage. Never the less, there are unique challenges in gay and lesbian marriages, particularly when minor children are involved. Schiller DuCanto & Fleck has lawyers sensitive to and well acquainted with problems in gay and lesbian divorces.

Civil Unions

The Illinois Religious Freedom Protection and Civil Unions Act became effective on June 1, 2011, making Illinois one of only eight states that have passed legislation to allow civil unions providing same-sex couples with the same state-level rights as their married counterparts. Only a minority of states recognize civil unions at the present time. There is a myriad of conflicting laws regarding civil unions making it a complex area of the law. Clients requiring an Illinois divorce attorney for such matters need to have one with updated knowledge, skill and expertise in order to best represent the rights of same-sex clients in dissolution of a civil union.

For example, unlike the situation in the breakup of a marriage, maintenance payments are not deductible from the income of the party paying spousal support but are includible in the income of the recipient. Working within the law to minimize the tax burdens of parties whose civil union is being dissolved is part of the skill required in this area of law.

Schiller DuCanto & Fleck LLP represented a party in the first civil union dissolution case filed in Sangamon County. All of the Chicago family lawyers in our three offices are experienced in the area of civil unions, LGBTQ marriage, and same-sex relationships, whether an action relies on the rights guaranteed by the Dissolution of Marriage Act or arises through the principles of contract law. We represent clients in same-sex relationships in complex financial and parenting matters (formerly, custody), helping to protect their parental rights and property interests in order to obtain the most favorable outcomes possible.

News and Insights

Select Practice Areas

Marital Settlement Agreements and Separation Agreements

Marital Settlement Agreements are agreements incident to a dissolution of marriage. A Separation Agreement is an agreement between parties who remain married but are no longer living together who want to define their legal obligations and responsibilities to each other.

Collaborative Divorce

Can serious marital conflict be resolved without the time and expense of litigation? Yes—divorce need not be a battleground. The end of a marriage or resolution of family conflict is painful enough. 

Parentage / Paternity Cases

Having children outside of marriage has become an accepted alternative in today’s society. Indeed, more than half of births to American women under age thirty occur outside of marriage.

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