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Tag Archives: same-sex couples

Illinois adoption lawyersThe lesbian, gay, bi-sexual, transgender, queer (LGBTQ) community has experienced some major victories in the past few years, including the requirement that all states allow and recognize same-sex marriages. Their most recent win came when Congress rejected a discriminatory amendment that would have negatively impacted their ability to adopt a child. Sadly, the very presence of that amendment proves that the battle for equality is still far from over. Learn how you can protect your rights as an adopting LGBTQ parent, and discover how our seasoned family law attorneys can assist you with the process. 

Addition and Rejection of Discriminatory Amendment - What it All Means

Discrimination is far from a new experience for members of the LGBTQ community, but when the U.S. Supreme Court ruled that states could no longer ban same-sex marriages, many hoped the worst would be over. Unfortunately, that has not been the case. In fact, an alarming number of LGBTQ couples have been denied the right to end their marriage in divorce. Even when successful in obtaining a divorce, parties may be at risk of losing their parental rights to a child if they did not establish legal guardianship during their marriage. A total of 10 states also have laws with language that is similar to the recently rejected amendment. 

Added to an appropriations package for the Departments of Labor, Health and Human Services, Education, and Defense, the amendment would have allowed state workers to deny foster placements and adoptions to persons that identify as LGBTQ, even if they passed all other requirements. In short, the decision to deny them as adoptive or foster parents would have been based solely on their sexual orientation or identity, even if state laws did not reflect the same level of discrimination. 

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Illinois divorce attorneysThe 2015 Supreme Court decision in Obergefell v. Hodges required that all 50 states recognize same-sex marriage, but a gap in the family law system remains. Couples, who may have spent years living together before they could legally marry, find that same-sex divorce is not just complex, but potentially unfair – even in a state that strives to provide an equitable distribution to all divorcing parties. Learn how you can protect your rights and best interests, as well as those of any children that may be involved, with help from the following information.

Understanding the Problem

During the division of assets (and possible consideration of alimony), judges consider several factors – one of them is the duration of the marriage. For same-sex couples, the start of the marriage may have occurred long before the state legally recognized or allowed their union. Sadly, this creates quite the problem when trying to determine the duration of the marriage – especially if the parties disagree on the date. Yet, even if both parties agree on the date on which the marriage began, the judge may not acknowledge any of their time together before the legal commencement of their marriage in the settlement.

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DuPage County adoption lawyers, LGBTQ adoptionsNovember was National Adoption Month. Currently, almost 15,000 children are in foster care in Illinois. Many potential adoptive parents are members of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community and may have questions about the laws in Illinois around adoption, whether through foster care or another way. If you are thinking about adoption, you should work with a skilled adoption lawyer who can help you navigate the process.

Illinois Same Sex Adoptions Increasing

Chicago City Wire recently spoke with an employee from the Illinois Center for Adoption and Permanency, who noted that there has been a 22 percent increase this year in same-sex couples who want to adopt one of the children with whom the organization works. Agencies such as this one have specifically been targeting the LGBTQ community for recruitment of adoptive parents, especially as prospective adoptive parents of children in foster care.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
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