In Illinois, couples who have entered into a civil union have the same legal rights, protections, and responsibilities as those who are married. This includes the right to end the legal relationship through the court system. The process for dissolving a civil union is governed primarily by the Illinois Religious Freedom Protection and Civil Union Act (750 ILCS 75) and follows many of the same steps as a divorce as defined in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5).
Understanding Civil Unions in Illinois
Under 750 ILCS 75/20, a civil union is a legal relationship between two adults, regardless of gender, that provides the same obligations, responsibilities, protections, and benefits afforded to spouses. Dissolving a civil union requires a court order, just as dissolving a marriage does. No federal rights exist in a civil union.
Filing the Petition
The process begins by filing a Petition for Dissolution of Civil Union in the circuit court of the county where either you or your partner lives. The petition typically includes:
- The date and location of the civil union
- Whether you have children together
- Your current living arrangements
- The legal grounds for dissolution (most commonly irreconcilable differences) as per 750 ILCS 5/401(a)
Once filed, the petition must be formally served on the other party, who then has the opportunity to respond.
Residency Requirements
Under 750 ILCS 5/401(a), at least one party must have been a resident of Illinois for a minimum of 90 days prior to filing, or be stationed in Illinois as a member of the armed forces.
Key Issues in a Dissolution
The court will address matters similar to those in a divorce, including:
- Division of property and debts; 750 ILCS 5/503
- Spousal support (maintenance); 750 ILCS 5/504
- If children are involved, allocation of parental responsibilities and parenting time under 750 ILCS 5/602.5 and 5/602.7
- Child support; 750 ILCS 5/505
These issues may be resolved through an agreement between the parties or by a court order after a hearing.
Why Legal Guidance is Important
A civil union dissolution can have significant legal, financial, and personal consequences. An attorney experienced in Illinois family law can help protect your rights, negotiate fair terms, and ensure that all court requirements are met.
Taking the Next Step
If you are considering ending your civil union, you do not have to navigate the process alone. At Sterk Family Law Group, P.C., we provide guidance grounded in both the law and an understanding of the emotional challenges that come with such a transition. Contact our team to learn more about your options for petitioning for the dissolution of a civil union in Illinois.