Domestic Partnerships for Same-Sex, Unmarried Couples

• Legal Representation in Property and Custody Matters
• Domestic Partnership Agreement: A Blueprint for Your Relationship
• Are Domestic Partnerships Honored in Court?

Legal Representation in Property and Custody Matters
Domestic partnership law in Illinois State is new and rapidly evolving. If you are entering a formal agreement, dissolving a long-term relationship, or have a dispute over child custody, contact Sivia Business & Legal Services, P.C. to discuss your rights under current law and legal precedent. Our attorneys have extensive litigation experience and will aggressively fight for your interests in court or draft an agreement that protects your rights.

We have handled all legal issues relating to domestic partnership law and cohabitation:

• Cohabitation Agreements
• Domestic partnership agreements
• Domestic partnership dissolutions
• Division of property (with or without a written agreement)
• Child custody, visitation, and child support

Domestic Partnership Agreement: A Blueprint for Your Relationship
The most common reason for a couple to participate in a domestic partnership agreement is to maintain a clear separation of property, assets, and debt each party had prior to the relationship. Another goal is often to preserve one partner's assets for his or her children. The agreement outlines the way in which community property, separate property, and mutual support will be awarded in the event of dissolution of the partnership or death of one party.

Be sure your agreement is drafted by a well-qualified lawyer
It is not unusual for the court to determine that all or part of a domestic partnership agreement is invalid. A long list of factors is considered by the court when deciding whether to enforce a domestic partnership agreement: it must be fair, both signers must have understood fully what they were signing, the proper disclosures must be included, there are time limits, and there can be no evidence of fraud or coercion. As with any other contract, the success or failure of a domestic partnership agreement lies in the details.

Do-it-yourself pre-partnership agreements often provide a false sense of security to the partners. It is extremely important that you work with an attorney with the appropriate experience when preparing your agreement.

At Sivia Business & Legal Services, P.C., our lawyers are excited to help gay and lesbian couples establish strong families.

Are Domestic Partnership Agreements Honored in Court?
Yes and no. A carefully drafted agreement that specifies which assets are separate and how property should be divided will be respected by most judges. In granting custody or visitation, or awarding child support, the court will consider the best interests of the child and not necessarily adhere to the terms of the contract. Our experience in Illinois family law and partnership agreements enables us to:

• Create a legally sound agreement that anticipates specific scenarios and addresses them in a way most likely to stand up in court
• Vigorously represent your interests in litigation

The court considers the length and purpose of the relationship, the intent of each party, whether cohabitation was continuous, and whether you pooled resources or kept finances and assets separate.

Contact Sivia Business & Legal Services, P.C. to address your specific situation and the applicable laws. Our lawyers will personally handle your case and give you an honest, informed assessment of the likely outcome.