Frequently Asked Questions about Civil Union Law
1. What is a Civil Union?
In Illinois, a civil union is a legal relationship between two people-either of the same or different sex-providing all the legal obligations, responsibilities, protections and benefits that the law of Illinois grants to married couples. But a civil union is not a marriage; a civil union does not provide federal protections or responsibilities to couples who enter into one, and a civil union will be recognized only in certain other states, not by all states.
2. When can I get a Civil Union?
The civil union law goes into effect on June 1, 2011.
3. What steps do I take to enter into a Civil Union with my partner?
Both parties must appear in person to fill out an application for a license to enter into a civil union. Applications are available through any county clerk's office. The cost of applying for a civil union license varies by county, and is usually in the range of $15 to $40. Bring with you a form of identification, such as a birth certificate, driver's license, or passport.
If you previously have been married or in a civil union, you also should bring proof, in case the clerk asks to see it, that you are no longer married or in the prior civil union, such as a copy of your divorce or dissolution decree, or, if applicable, the death certificate of your deceased spouse or partner. If you live outside of Illinois, the clerk may ask you to sign an affidavit stating that your home state does not prohibit you from entering into a civil union.
The civil union license is valid for 60 days, and is valid only in the county in which it was issued, which means that your civil union ceremony must take place within that county. There is a one-day waiting period before the license becomes effective. A court can waive this waiting period if you file a petition showing sufficient cause.
You may choose a judge, certain public officials, or a religious official to "officiate," meaning to perform your ceremony. Your officiant must complete the certificate confirming that your ceremony has been performed, and forward it to the county clerk within 10 days of your civil union.
A list of county clerks offices can be found here: Ordering Records
4. Do I have to enter into a Civil Union if I already married my same-sex partner in another jurisdiction (such as Iowa, the District of Columbia, or Canada), or entered into a civil union or registered domestic partnership elsewhere?
As soon as the law goes into effect on June 1, 2011, the state of Illinois will treat your out-of-state marriage, civil union, or substantially similar legal relationship, such as a California registered domestic partnership, as a civil union. Because Illinois will recognize your marriage, civil union, or comprehensive domestic partnership as a civil union, you don't need to enter into a new Illinois civil union; you're already in one. If you are unsure whether your existing legal relationship is "substantially similar" to a civil union, then you may want to seek advice from a lawyer.
5. Now that we're in a Civil Union, do we still have to perform a second parent adoption to secure our child's parent-child relationship to the non-biological parent?
Even though civil union partners are both presumed to be parents from birth of children born into the civil union, we still strongly encourage parents to perform adoptions in addition to drawing up wills and powers of attorney, since you may travel to other states that will not respect your civil union or the legal presumption of parentage it creates.
6. If we are registered as domestic partners with an employer, or are registered as domestic partners with a county or city will our domestic partnership be recognized as a civil union?
No. Couples who have registered with an employer for domestic partner benefits or with a county or city would not be protected under the new law unless they enter a civil union.
7. If my partner and I decide to enter into a Civil Union, is there anything else we should do to protect our relationship?
In addition to executing powers of attorney, you should seek legal advice about additional precautions you may need to take. Laws regarding same-sex couples are changing rapidly and will continue to do so. Those changes may affect your legal rights in Illinois and in other states and countries where you may travel or may live in the future. We recommend that you still complete your estate planning documents and a second parent adoption if you have children.
8. Why might a couple be advised not to enter a Civil Union?
- If a couple wishes to adopt from a state or country that may not approve adoptions by lesbians, gay men, same-sex couples or unmarried different-sex couples;
- If one or both same-sex partners are in the U.S. military (until the complete implementation of the repeal of federal statutes and regulations known as "Don't Ask Don't Tell");
- If either member of the couple depends on public assistance;
- If on individual is a foreign national without permanent legal status in the U.S.;
9. Can Civil Unions be dissolved?
Yes. The dissolution of a civil union in Illinois happens under the same laws applicable to marriage dissolution. You will need to file a petition for dissolution of your civil union. Civil union partners 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 spouses.
10. 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 when you break up.
Contact Chicago Civil Union Law Attorneys
To schedule an appointment with a family law attorney to discuss your civil union or dissolution of a civil union, call 773-878-4480 or contact us by e-mail.
