DIVORCE – SAME-SEX MARRIAGES WITHOUT CHILDREN

If you are considering divorce proceedings and are in a same-sex marriage, your case may include some complicated issues. Our attorneys are experienced in Arizona divorce law, so take advantage of our FREE initial CASE EVALUATION to discuss your specific situation.

In a divorce proceeding without children in Arizona, there are several steps to consider.  Our lawyers can help you assess your particular case and help you with all of your options toward legal proceedings:

• Legal Separation
• Dissolution of Marriage / Divorce

LEGAL SEPARATION OF SAME-SEX MARRIED COUPLES WITHOUT CHILDREN

A legal separation may be considered if a couple wants to separate from one another, but keep the option of a future reconciliation.  This option can be permanent, and there is no set amount of time, if both parties agree.  Either a judge can issue a decision that the marriage is beyond any hope of repair, or either spouse can voice the desire to live apart.  If neither party objects to a legal separation ruling, issues such as division of property or debt can be addressed.  A same-sex couple will no longer reside together as a result of this process, and they have protection from any debt that the other might acquire in the future.

DIVORCE OF SAME-SEX MARRIED COUPLES WITHOUT CHILDREN

Arizona is a no-fault divorce state.  For a same-sex couple to divorce in Arizona, the marriage must be dissolved following a dissolution proceeding.  There are no other requirements other than one spouse wanting a divorce.  In Arizona, the only grounds for divorce are irreconcilable differences, or that the marriage is irretrievably broken.

CONTESTED AND UNCONTESTED DIVORCE OF SAME-SEX MARRIED COUPLES WITHOUT CHILDREN

For a married same-sex couple to divorce in Arizona, the same-sex marriage must be dissolved following a dissolution proceeding.  It does not matter who, if anyone, is at fault.  One party in the same-sex marriage has to want the divorce, there are no other requirements.  The only recognizable grounds for divorce in Arizona are irreconcilable differences between the parties or that the same-sex marriage be irretrievably broken.  The divorce may be contested:  a spouse can disagree with the petition for dissolution.  The proceedings continue after the Court receives this filed response.  A marital settlement agreement must be reached, or the case will proceed to trial.  If a spouse does not file a formal response to a petition for dissolution, the divorce is considered uncontested, and a default judgement can be issued.  When both parties enter into a consent degree, they both express agreement with the dissolution.