LGBTQ Family Lawyer in Northbrook
Lesbian, gay, bisexual, transgender, and queer couples and families in Illinois often face unique legal challenges. Silberman Law Group can help. Northbrook LGBTQ family lawyer David Silberman has more than 15 years of experience guiding same-sex couples through various family law matters, including divorce, dissolution of civil unions, adoption, and child custody.
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How Can an LGBTQ+ Family Lawyer Help Your Case?
Illinois’ same-sex marriage law took effect in 2014, yet LGBTQ+ couples and families still face unique challenges when dealing with family-related legal issues. LGBTQ divorce lawyer David Silberman has a thorough understanding of these difficulties, as well as experience developing solutions to help clients overcome them. As your attorney, David will advocate for your rights in court, helping to ensure you receive fair treatment, and working to maximize your chances of obtaining a favorable outcome to your case.
Let Northbrook LGBTQ family lawyer David Silberman help protect your rights.
Call 312.593.0075. today.
Facing LGBTQ+ Family Law Issues in Northbrook?
For the most part, the family law statutes in Illinois recognize LGBTQ families and afford them the same rights granted to heterosexual couples and families. However, protecting those rights is not always easy. Our LGBTQ+ family lawyer at Silberman Law Group provides compassionate support and focused guidance with issues that arise in LGBTQ family law, including civil unions, divorce, child custody and visitation, and prenuptial and postnuptial agreements.
Civil Unions
Civil unions are a vital legal tool for same-sex couples seeking to recognize and protect their families. Our LGBTQ+ family lawyer has a thorough understanding of civil unions, which we will draw on to help you formalize your commitments with confidence and clarity. If you make the difficult choice to dissolve your civil union, we will provide the comprehensive support you need, working to ensure an equitable resolution to your case.
Divorce
Like any other couple, members of the LGBTQ+ community face several challenges when they divorce. From dividing your shared assets and debts, to seeking spousal support, we understand the factors that must be addressed to successfully resolve your case, and we will strive to achieve a favorable outcome on your behalf.
Child Custody and Visitation
Child custody and visitation issues can often be complicated and emotionally-charged for LGBTQ parents. We believe that protecting your child’s best interests and your rights are paramount. Our LGBTQ family lawyer is dedicated to helping you secure parental rights and establish a nurturing environment in which your child can grow and thrive. We will diligently work to create a custody arrangement that provides for your child’s needs, as well as that reflects your family dynamic.
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements serve as valuable tools for lesbian, gay, bisexual, transsexual, and queer couples seeking to define the financial expectations for their relationships, and protect their assets. Tailoring our approach to suit your unique circumstances, we will negotiate an agreement that aligns with your specific needs and goals to safeguard your financial future.
Orders of Protection
Orders of protection can be critical during or after a divorce, especially in situations involving abuse, harassment, or threats. If you’re facing such challenges, a gay divorce lawyer can help you secure the legal protections you need to stay safe.
These orders, often called restraining orders, can establish boundaries regarding contact, property, and even child custody. As an experienced attorney, David ensures the proper steps are taken to file for an order of protection and represent your interests in court. With our skilled legal support, you can navigate these sensitive matters confidently and focus on rebuilding your life.
Adoption and Same-Sex Parents in Illinois
To legally recognize the rights and relationships of both parents in LGBTQ families, many consider adoption, including as second parents and as stepparents, as an option.
Second Parent Adoptions
Second parent adoptions provide an essential path for LGBTQ families to establish legal rights for both parents. In a second parent adoption, a non-biological parent seeks to legally adopt the child of his or her partner. LGBTQ+ family lawyer David Silberman will walk you through the process, helping you prepare for and overcome any challenges that may arise, and working to ensure your family’s rights are protected.
Stepparent Adoptions
When stepparents step into the role of full-time parent, families often want to solidify this legal bond. Through a stepparent adoption, we will help you formalize the existing parent-child relationship, striving to make the process as stress-free and seamless as possible.
Grandparents' Rights in LGBTQ+ Families
Courts typically prioritize the child’s best interests when determining grandparents’ rights. However, LGBTQ+ family dynamics can introduce unique legal challenges that vary by state. Partnering with an attorney experienced in LGBTQ+ divorce and family law ensures you have the support needed to advocate for your rights and maintain meaningful connections with your grandchild.
What Are Some Top Issues LGBTQ Couples Face in Divorce?
Divorce can be challenging for any couple, but LGBTQ+ divorces often involve unique legal and emotional complexities. An LGBTQ Family Attorney can provide guidance on these issues, making sure your rights and interests are protected.
Key concerns in LGBTQ+ divorces include:
- Division of Assets: Many couples may have shared assets acquired before marriage equality was legalized, creating complications in dividing property fairly.
- Child Custody and Parenting Rights: Establishing legal parentage and custody arrangements can be more complex, especially if one parent is a biological or adoptive parent and the other is not.
- Spousal Support: Determining alimony in LGBTQ+ divorces may require careful attention to the duration and nature of the relationship, particularly if the marriage predates legal recognition.
- Recognition of Marriage Across Jurisdictions: Couples who married in one state or country but now reside elsewhere might face challenges with differing laws on divorce and marriage recognition.
- Allocation of Parental Responsibilities: Allocation of parental responsibilities determines decision-making and parenting time in a custody case. LGBTQ family law attorney David Silberman can help you navigate these challenges, ensuring your parental rights are recognized and protected. Whether addressing legal parentage, custody, or visitation, having an experienced attorney by your side ensures your child’s best interests remain the priority.
As an LGBTQ Family Attorney with over 15 years of experience, David understands these unique aspects and offers compassionate, knowledgeable representation to help you navigate this process with confidence and clarity.
Silberman Law Group Handles the Following Cases
Guiding families through some of the most difficult legal situations that life will place in their paths, the dedicated LGBTQ+ family lawyer at Silberman Law Group handles ranging cases, including those involving the following:
- Orders of Protection
- Spousal Support
- Child Custody and Visitation
- Child Support
- Adoption
- Post-Decree Modification and Enforcement
FAQs About LGBTQ Family Law in Illinois
The grounds for divorce for LGBTQ couples in Illinois are the same as those for heterosexual couples. As a no-fault state, you do not have to prove wrongdoing on the part of your spouse for the court to grant a divorce. Rather, you must cite irreconcilable differences as the reason, and offer proof that demonstrates previous attempts to reconcile were unsuccessful, and further attempts would not benefit the family. Generally, living separately for at least six months prior to filing for divorce meets the burden of proof of irreconcilable differences.
In Illinois, the civil unions and same-sex marriages primarily differ in their legal status. Civil unions are state-recognized partnerships available to both opposite-sex and same-sex couples. Marriage, including between same-sex couples, on the other hand, is a state- and federally-recognized legal covenant.
Same-sex couples in the United States are generally eligible for government benefits and protections that are afforded to married couples. This change came about as a result of the U.S. Supreme Court’s decision in Obergefell v. Hodges in 2015, which legalized same-sex marriage nationwide. Following this decision, federal benefits and protections were extended to legally married same-sex couples in the same way they are for opposite-sex couples.
Yes, you can request a legal name change during your LGBTQ divorce. This may be included in your divorce petition or handled through a separate court filing. A skilled LGBTQ divorce lawyer can guide you through the process, ensuring all legal requirements are met, and your new name is reflected on identification, financial accounts, and other records.
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