Civil unions are legal relationships that allow partners to make a formal, permanent commitment to one another without getting married.
In Illinois, both same-sex and heterosexual couples can enter into a civil union.
Individual states recognize civil unions within their borders. If you and your partner began your civil union in Illinois but then travel or move out of state, your union likely won’t be recognized everywhere.
Illinois civil unions share many similarities with marriages, but the two relationships are not the same and don’t always share the same privileges, specifically under federal law. If you have questions about your union and how it will affect your children, taxes, or other legal responsibilities, it’s a good idea to speak with a seasoned civil union attorney such as Mr. Robert M. Kaplan.
Do Civil Unions Require A License in Illinois?
Yes, just like with marriages, parties in a civil union must be of legal age and must obtain a license from their county clerk’s office.
The process for obtaining a civil union license is very similar to the process of getting a marriage license. Both parties must present to the county clerk, pay a small fee, fill out an application while providing necessary personal information, prove their legal eligibility to enter into a civil union, and use the license within a prescribed number of days.
How Are Civil Unions and Marriages Different?
As we mentioned previously, each state has different laws regarding civil unions and the benefits, protections, and responsibilities offered under them. Illinois is one of the few states in the country to recognize civil unions, which is why couples who begin a civil union in Illinois often face problems when they move to a state that does not uphold their civil union status.
Here in Illinois, the law treats civil unions very similar to marriage. On the state level, if you are a member of a civil union, you and your partner can expect to enjoy protections surrounding issues such as estate planning, property ownership, employment benefits, and healthcare rights.
The most significant difference to be aware of between civil unions and marriages is that federal law does not recognize civil unions. This lack of recognition means that parties to a civil union have no federal protections or benefits, and couples in a civil union cannot file joint tax returns or receive Social Security spousal benefits, among other things.
If you live in Illinois and are mostly concerned about your civil union only at the state level, you can rest assured that the government will treat your union as a marriage. When it comes to leaving the state or seeking financial support from the federal government, however, you will not have the same protections.