Passionate Civil Union Attorneys Serving Couples Across Illinois
The Illinois Civil Union Act grants many of the same rights to couples as marriage does for spouses and provides for legal recognition under the law. Specifically, the intent of the law is to ensure that those entering into civil unions have the same obligations, responsibilities, protections, and benefits as afforded by the law of Illinois to traditional married spouses. If you are considering entering a civil union, contact Beck & Houlihan, P.C., immediately. We understand the nuances of Illinois family law and are prepared to put our significant experience to work for you. Our attorneys understand what is required of you before taking the next step.
Requirements for a Civil Union
Civil unions are open to both members of the same and opposite sex but are still closed to individuals who are:
- Under 18
- Married or already in a civil union
- Related (ancestor and descendant; siblings; aunts/uncles & nieces/nephews; first cousins)
An application for a civil union must include:
- Name, sex, occupation, address, Social Security number, date and place of birth
- Name and address of parents or guardians
- Whether parties are related, and if so, how
- (If previously married or in a civil union) name, date, place and court where dissolved or name, date, and place of death of a former spouse
Similarly to marriage, civil unions are typically certified by a judge or county clerk. The law also recognizes civil unions legally entered into in other jurisdictions that are substantially similar to civil unions in Illinois.
Conversion Into Marriage
Parties who are eligible for marriage and are part of a civil union may apply for and receive a marriage license. This includes same-sex couples since Illinois passed the freedom to marry into law. Since section three of the Defense of Marriage Act was deemed unconstitutional in 2013, same-sex couples in a civil union also cannot be denied all of the benefits of a “spouse” under federal law. This also provide for the same rights with regard to parenting time, parenting decision-making and adoption. These rights and benefits also include, in part, tax benefits, hospital visitation rights, the right to inheritance, medical decision-making power, and access to employer-related and health care benefits.
Invalidation of a Civil Union
Similar to marriage and divorce, anyone who enters into a civil union in Illinois consents to the jurisdiction of the courts for the purpose of dissolution of a civil union under the Illinois Religious Freedom Protection and Civil Union Act (750 ILCS 75/1 et seq.).
The Importance of an Experienced Attorney in Illinois
As new legal relationships and laws become more developed and utilized in the state, parties interested in civil unions and associated rights need advice on how to protect their legal rights and ensure that they receive the same benefits as married couples. At the law firm of Beck & Houlihan, P.C., our skilled attorneys offer a variety of family law services throughout DuPage, Kane, Cook, and Will Counties. To learn more about our family law practice and how we can help you, contact us at 630-398-3185.