For most of our country’s history, only heterosexual couples were entitled to get married. This began to change in 2003 when Massachusetts became the first state to legalize marriage. Within 10 years, twelve of the 50 states and Washington, D.C. had legalized marriages for same-sex couples. During this time, Illinois did not legalize same-sex marriage, however it came as close as possible by creating civil unions. By February 2014 though, same-sex marriage was legalized in the state. Ultimately, marriage was legalized for all couples in 2015 by the U.S. Supreme Court in the case of Obergefell v. Hodges. Since these changes, Illinois couples may wonder what this means for their civil unions.
What is a Civil Union in Illinois?
The Illinois Religious Freedom Protection and Civil Union Act signed into law on January 31, 2011 enabled all couples, including same-sex couples, to enter into a civil union instead of a marriage as of June 1 of that year. A civil union, which is entered into similarly to a marriage, offers spouses the same protections and rights as opposite-sex married couples. This statutory change gave civil partners the right to benefit from each other’s insurance policies, inherit property from one another, and enforce properties rights through divorce at the end of the relationship.
Under Illinois law, civil unions and marriages were called two different things yet were to be treated the same under the state’s laws. In fact, the Illinois Religious Freedom Protection and Civil Union Act is almost identical to the Illinois Marriage and Dissolution of Marriage Act, which governs traditional marriage and divorce within the state. One of the biggest difference between a marriage and civil union, prior to 2015, was that an Illinois civil union would not be recognized in other states while a traditional marriage would.
How do I Obtain a Civil Union?
You enter into a civil union the same way you would a marriage in Illinois. You and your future spouse must appear at your county clerk’s office and apply for a civil union license. You will both need valid identification to prove you are 18 years or older and must pay a fee. Once your civil union license has been issued, it is valid for 60 days. You must use an officiant to complete your civil union ceremony since the officiant’s name is required on the license that is returned to the clerk’s office to be filed.
Is My Civil Union Still Valid?
Yes, if you lawfully obtained a civil partnership in Illinois, it is still valid. Federal changes to the marriages that are recognized across the U.S. did not alter the legal relationship you formed in Illinois. You are still united under both Illinois and federal law.
You do not have to change anything about your legal relationship with your spouse – unless you want to.
Can We Get Married Instead?
You and your spouse may want to convert your civil union into a marriage for personal and legal reasons. This is not automatic, and you and your spouse must go through a marriage ceremony to make this alteration to your relationship. You must go to your county clerk’s office and ask for a marriage certificate like you would as if you were getting married for the first time. You must both sign the marriage certificate along with an officiant and return it to the clerk’s office. The fee is waived for spouses within a civil union converting to marriage.
Do You Need Legal Advice?
Do you have questions about ending your civil union? As a spouse, you have the right to dissolve your civil union through divorce and enforce your property rights. To learn more, call me at (312) 621-5234 to schedule a time to meet.
