Illinois Civil Union Law Attorneys
Civil Unions
On January 31, 2011, the Illinois Civil Union Act was signed by Gov. Pat Quinn after having passed the Illinois House of Representatives on November 30, 2010, and the Illinois Senate on December 1, 2010. The Act became effective on June 1, 2011. The Illinois Civil Union Act establishes civil unions. A civil union is a legal relationship between two people - either different-sex or same-sex - providing all of the legal obligations, responsibilities, protections and benefits that the laws of the state of Illinois grant to legally married couples.
A civil union is not a marriage and therefore does not provide legal obligations, responsibilities, protections or benefits under federal law. Couples who enter into an Illinois Civil Union are afforded state rights, not federal rights. In addition, a significant number of states have reciprocity in their state law such that an Illinois Civil Union will be recognized by certain other states, although not by all states. Because of these disparities between civil unions and marriage, gay and lesbian couples may be more confused than ever about what rights they actually have and what entering into a civil union could mean for their families.
With a long history of assisting those in the community in establishing the necessary protections to ensure their equal treatment under the law, the attorneys at Jill M. Metz & Associates are especially equipped to help LGBTQ couples navigate the path of their current legal rights.
Entering Into a Civil Union
Any couple, whether of the same or different sex, may enter into an Illinois Civil Union. The Illinois Civil Union Act establishes the steps a couple must take to establish their union. If you are interested in entering into an Illinois Civil Union, you should contact your local county clerk about the established process for being issued a civil union license and having a judge, public official, or religious officiant certify the union.
Any couple who has entered into a civil union, gay marriage, domestic partnership, or other similarly legal relationship in another state or country before June 1, 2011, will now have their legal relationship recognized as a civil union in the state of Illinois. This means that you do not need to follow the above steps. You simply need to be able to provide a copy of your certificate or license from that other state or country when requested by someone in Illinois.
Lesbian and gay couples who have registered with an Illinois county, city, or employer as domestic partners do NOT have a civil union. You can only have a civil union if it has been created through the state of Illinois or through the procedure set forth in the statutes of another state or country. Being registered with a county, city, or employer does not afford you the benefits and protections under the new Illinois Civil Union Act.
Rights and Protections Under a Civil Union
Couples who enter into an Illinois Civil Union have every obligation, responsibility, protection and benefit provided by Illinois law to legally married couples. Though the list below is not exhaustive, it does provide some of these rights and duties:
- The ability to own property jointly, including the presumption that property obtained by either partner during the union, including income, is owned jointly
- Duties of joint financial support and liability for family debts arising during the union
- Legal presumption that both partners are parents of children born during the union
- Automatic rights of hospital visitation with your civil union spouse
- Right to inherit from your civil union spouse in the absence of a will
- Equal treatment as civil union spouses under certain state insurance laws
- The right to court-supervised distribution of property if you and your civil union spouse break up, including the rights to maintenance (formerly known as alimony)
Changes to Parental Rights
Even though civil union spouses are both presumed to be parents from birth of children born during the union, to ensure that both the biological parent and the nonbiological parent have the same legally enforceable parental rights in any other state or country where you may visit or move, the nonbiological parent should still complete a second parent adoption of the child born during the union. The co-parent adoption is the only way to be certain that both parents' legal relationships are recognized, not only in Illinois, but by the federal government, and outside of the state of Illinois when you are traveling or if you move.
The protections offered to you by entering into a civil union, such as a state pension and inheritance protections, may benefit your children. However, federal pension and Social Security death and disability benefits may not apply since federal law does not recognize your union.
Estate Planning
Jill M. Metz & Associates has more than 30 years of experience in serving the estate planning needs of Illinois' LGBTQ community. The Illinois Civil Union Act, which institutionsgrants many benefits to civil union spouses, does not solve all the problems that are addressed by the new Illinois Power of Attorney Act, which became effective on July 1, 2011. Hence, it is important for all couples, whether or not they are married or civil unioned, to execute powers of attorney for health care and for property.
Estate planning continues to be an important way for same-sex couples to ensure that their partners or civil union spouses have access to their property and records and the ability to act for each other in a crisis.
Establishing durable powers of attorney for health care and for property are still important estate planning tools to assure that your wishes are followed in the event you are unable to make decisions for yourself. Because civil unioned couples will not enjoy the tax benefits provided under federal law, careful planning with regard to wills and trusts is necessary to ensure the best protection for your estate and beneficiaries.
Dissolving a Civil Union
The dissolution of a civil union in Illinois happens under the same laws applicable to the dissolution of a marriage. This means that the courts are available to resolve disputes about division of property, maintenance, child custody and visitation, child support, and other issues that commonly arise.
If you entered into a civil union, gay marriage, domestic partnership, or other similarly legal relationship in another state or country before June 1, 2011, and also broke up before June 1, 2011, but were unable to legally dissolve your civil union, gay marriage, domestic partnership, or other similarly legal relationship formed in another state or country, then you are still unionized. You should take steps to dissolve your legal relationship, which will not be recognized as a civil union in Illinois, as soon as possible. This is true even if one of you does not live in Illinois.
If the only legal relationship you have entered into is your Illinois Civil Union, you may use the Illinois court system to dissolve your union even if one or both of you no longer live in Illinois.
Contact Civil Union Lawyers in Chicago
For more information about entering into an Illinois Civil Union or dissolving one, contact the attorneys at our firm today to schedule a consultation.
Serving the Lesbian, Gay, Bisexual, Transgender, Community and Friends in Chicago and Illinois
