Often, the first thing that comes to a parent’s mind when faced with the prospect of an Illinois divorce is what the custody arrangements will look like. Unfortunately, child custody tends to be one of the most contentious aspects of divorce, making it difficult to achieve a parenting plan that everyone can feel good about. In this blog, we want to answer some common questions about how the custody process works in Illinois. Keep in mind that this is not legal advice and that the best place to get your questions answered is in a consultation with an Illinois divorce attorney. 

Does a Mother Automatically Get Custody in Illinois? 

The first thing to understand about child custody in Illinois is that it is divided into two areas: Parental responsibilities, which is the authority to make important decisions on behalf of a child, and parenting time, which is the right to spend time with a child. Neither parent has an automatic right to all parental responsibilities and parenting time; instead, every case begins with the presumption that a child benefits most when both parents are involved in her life. Based on the parents’ preferences, schedules, and the best interests of the child, adjustments are made so a parenting plan can be created. 

Do Illinois Courts Decide Custody Cases? 

The vast majority of Illinois divorces are settled outside of court. If a couple cannot create a satisfactory negotiation on all issues in divorce (not just child custody, but property division, alimony, and child support as well), a judge may order the couple to seek mediation. If mediation fails, a court can help decide any issues that were not resolved by a couple. 

When a couple decides to end their marriage, it is not so easy as simply agreeing to get divorced. Depending on the circumstances, a divorce can be quite a complicated and difficult process and the right steps will depend on your preferred strategy and goals. However, the general process of most divorces is fairly similar and follows a necessary set of steps. If you are interested in starting the divorce process or have more questions about how divorce works in Illinois, schedule a meeting with a Chicago divorce attorney right away. 

Should We File for Divorce in Illinois? 

The first step when filing for divorce is determining whether you meet the residency requirements for filing in a particular place. In Illinois, you must have lived in the state for at least 90 days unless you have minor children involved in the divorce, in which case the residency requirement is extended to 180 days. You and your spouse do not both have to have residency in Illinois to file for divorce; only one spouse needs to be in the state. 

Do We Need To Have Grounds For Divorce? 

No. In Illinois, the only grounds necessary and acceptable for divorce are “irreconcilable differences.” If both of you agree to get divorced, the process can proceed right away. If one spouse does not want to get divorced, you will need to live “separate and apart” (but not necessarily in separate households) before the process can move forward. 

While nobody gets married expecting to get divorced one day, the statistics speak for themselves. Nearly 1 in 2 Illinois couples who get married can expect to eventually get divorced. Finding good information about divorce is not easy, especially if you are in a “non-traditional” marriage. Perhaps you worry about being judged by an attorney, or have questions about whether the divorce process is the same for you as it is for other couples. If you have questions about LGBTQ divorce in Illinois, check this blog for answers to common questions and then speak with a compassionate LGBTQ divorce attorney. 

Is it Legal for Gay Couples to Get Divorced in Illinois? 

Yes. Illinois divorce laws apply equally to everyone. Homosexual couples can divorce as long as they: 

You're getting divorced, and you do have a lot of issues you need to work out where your child is concerned.

One big issue that many divorcing parents overlook is how they plan to handle the situation when their child is old enough to drive. Whether your child is a teenager who is fast approaching the test for their learner's permit or is still years away from that step, this is something you should talk about with your co-parent today.

The unfortunate reality is that the LGBTQ community has long faced significant discrimination. This was perhaps best exemplified by the fact that gay marriage was not even legal in all 50 states up until 2015.

But that has changed now, and gay couples can get married in any state that they would like. Does this mean that discrimination toward this group is coming to an end? Or do people within this community still feel like they face consistent discrimination?