Civil Union FAQ
Table of Contents
What is a civil union? It’s a legally recognized relationship between two people with state-level protections for the couple. Like domestic partnerships, civil unions originated as an alternative course of action for same-sex couples who couldn’t marry. Same-sex marriage is legal in all states currently, but many same-sex marriages were civil unions first. When it comes to the dissolution of a civil union vs. marriage, procedurally, there are no consequential differences for civil union partners.
In Illinois, civil unions are governed by state law and provide many of the same rights and responsibilities as marriage at the state level. However, understanding how civil unions differ from marriage is important when evaluating federal benefits, tax implications, and interstate recognition.
Civil Union vs. Marriage
The main differences between a civil union and a marriage are as follows:
- – Not all states recognize civil unions. If two civil union partners move to a state where civil unions aren’t recognized, they may lose their protections.
- – Again, civil unions give only state-level protections. Federal benefits and protections aren’t yet available, whether the couple is same-sex or opposite-sex. However, the U.S. Supreme Court made it a requirement for states to honor out-of-state same-sex marriage licenses in the Obergefell vs. Hodges case. This is one example of federal-level protections married couples receive.
- – Culturally, marriage carries a different connotation from a civil union. Now, both same-sex and opposite-sex couples who view marriage as being more meaningful can marry and receive federal-level protections and benefits — no matter which state they live in.
From a legal perspective, the most significant distinction is federal recognition. Married couples receive federal benefits related to taxation, Social Security, immigration, and military benefits. Civil union partners may not automatically qualify for these federal protections, depending on how the relationship is recognized.
Couples considering whether to enter a civil union or marriage should evaluate long-term legal implications, particularly if relocation outside Illinois is a possibility.
Dissolution of a Civil Union vs. Marriage
In Illinois, married couples and civil union partners must follow the law as it is described in Illinois Marriage and Dissolution of Marriage Act when they choose to end their legally recognized relationship. In both cases, the process starts with a petition for dissolution. The steps taken during a married couple’s divorce will be the same as the steps taken during a civil union divorce. The same laws apply to different aspects of divorce like property division, child support, spousal maintenance (alimony), and prenuptial and pre-civil union agreements.
Additionally, civil union partners seeking a dissolution of a civil union can use the same dispute resolution methods as spouses seeking a dissolution of marriage. Negotiation, mediation, litigation, collaborative law, or a combination of these processes is available to divorcing civil union partners. Consequently, there are no lawyers who specialize in just the dissolution of civil unions or just the dissolution of marriage; both follow the same process and end with a judgment for dissolution.
Because Illinois treats civil union dissolution similarly to divorce, courts will apply equitable distribution principles when dividing marital property. Issues involving parental responsibilities, parenting time, child support, and spousal maintenance are evaluated under the same statutory standards used in traditional divorce cases.
Jurisdictional requirements must also be met before filing for dissolution. At least one partner must satisfy Illinois residency requirements to initiate the process in state court.
Are Civil Unions Still Common in Illinois?
Since same-sex marriage became legal nationwide, many couples have chosen marriage over civil unions due to federal recognition and broader legal protections. However, civil unions remain a valid legal relationship in Illinois and may still be appropriate depending on a couple’s personal, financial, or religious considerations.
Individuals who entered into a civil union before nationwide marriage equality may also consider whether conversion to marriage aligns with their long-term legal goals.
Frequently Asked Questions About Civil Unions in Illinois
At the state level, civil unions provide many of the same legal rights and responsibilities as marriage. However, marriage receives federal recognition and access to federal benefits.
Yes. Illinois permits both same-sex and opposite-sex couples to enter into civil unions.
The process mirrors divorce proceedings. A petition for dissolution must be filed, and the court will address property division, child-related matters, and potential maintenance.
Not necessarily. Some states may not recognize civil unions, which can affect legal rights if a couple relocates.
Yes. Illinois allows couples in a civil union to convert their relationship into a legally recognized marriage.
Rely on Conniff & Keleher, LLC for Family Legal Advice
If you and your partner are seeking a dissolution of your civil union, the family legal team at Conniff & Keleher, LLC can help. We’ll assist you with navigating the laws and procedures involved in dissolving a civil union. Contact us to request an immediate case review or to schedule a consultation at our offices.
