DuPage County IL Divorce Law Firm Gives the Scoop on Illinois’ Ground Breaking Civil Union Act

Aug. 14, 2011 - PRLog -- On June 1, 2011, a remarkable new law went into effect in Illinois, and the divorce law firm of Kulerski and Cornelison has been fielding questions from clients about its ramifications. Its official name is the Illinois Religious Freedom Protection and Civil Union Act (more generally referred to as “Civil Union Act” and hereinafter referred to as “The Act”).

The Act allows two persons – of the same or opposite sex – to enter into a civil union that confers the same rights and obligations upon them as they would have if they were lawful spouses in marriage.

DuPage and Cook County divorce lawyers J. Richard Kulerski and Kari L. Cornelison explain that this law is remarkable because Illinois is the only state that gives opposite sex couples, who choose not to marry, the same rights as married spouses.

Civil unions require a license similar to a marriage license, and they require a ceremony that can only be performed (solemnized or certified) by the same specified officials that currently perform marriage ceremonies.

The rights granted to the parties of a civil union include, but are not limited to, divorce, equitable division of property (no matter who holds title), inheritance, the presumption of parentage, health care benefits (when permissible under federal law), and decision making for the other partner in hospital, hospice, or nursing home situations.

In a civil union, the partners are not “spouses” and they are not “married”, they are simply “parties to a civil union.”  However, the parties to a civil union claim the same rights as spouses do wherever the word “spouse” appears in Illinois’ Divorce Act.

When a civil union breaks up, the parties do not file for divorce, they file comparable papers, which are entitled “Proceeding for Dissolution of a Civil Union.” Instead of a Judgment for Dissolution of Marriage, they are granted a Judgment for Dissolution of Civil Union. All other legal procedures are identical to those of divorce.

Federal law does not recognize Illinois’ new law, so civil union parties, among other things, cannot file joint tax returns, receive the other’s employee or pension and social security benefits, and are not protected under immigration laws.

In Illinois, opposite sex people who are receiving social security benefits through a former spouse’s employment may now keep this entitlement and nevertheless enjoy all of the entitlement they receive as a party to a civil union.

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The Law Firm of Kulerski and Cornelison has offices in downtown Chicago (Cook County) and in suburban Oak Brook (DuPage County), IL.

For more information call 630-928-0600, or visit civilizeddivorce.com. Questions can also be directed to either Kari L. Cornelison (kc@illinoislegal.com) or to J. Richard Kulerski (rk@illinoislegal.com).