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.

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Tax and Financial Planning in the Context of Divorce

Taxes and their impact touch almost every aspect of life; divorce is not excluded. Federal, state and local taxes must be considered in the divorce process.

Family Law, Matrimonial Law, and Divorce

The terms “Family Law,” “Matrimonial Law,” and “Divorce” are sometimes used interchangeably; however, they are different. Family Law is a broad category that is not necessarily dependent upon a marriage or civil unions.

Premarital and Postnuptial Agreements

A Premarital Agreement, also commonly referred to as a Prenuptial or Antenuptial Agreement, is a legally binding contract, entered into by parties before their marriage, that defines what will happen when the marriage ends, either by dissolution or the death of one of the parties.

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