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    Same Sex Divorce


    marriageSame-sex marriage is legal and recognized in the state of Arizona. Couples who are legally married have the same rights and obligations as heterosexual couples.  For example, committments to each other, and to children born into the marriage.  This includes the ability to get a divorce.

    Same-sex marriage and divorce is somewhat new legal territory — and there are unique issues to be worked through.  Some concerns may include:  the duration of the marriage (as it may apply to spousal support); when was it a domestic partnership; was the marriage in a different state than current residency; and when the marriage began.  Sometimes these complex issues are best handled by an experienced same-sex attorney.

    If you are considering a divorce, it is best to get the advice of an attorney who will not only be able to skillfully navigate through a same-sex divorce case, but to ensure that you have expert representation for all issues regarding your divorce situation. 


    Property Division Concerns

    Both spouses seeking a divorce, or dissolution of marriage, in Arizona, must have resided in Arizona for a minimum of 90 days.  These requirements apply both to same-sex and hetero couples.  Also, Arizona is a no-fault divorce state.  This means that proving fault is not required, and issues like infidelity or abandonment are not relevant.  Arizona is a community property state.  So for issues regarding property division, all liabilities and all assets acquired during the marriage are considered community property.  This community property is valued and assessed if necessary and split between the parties equitably.

    Child Custody and Parenting Time Concerns

    Children brought to the marriage whether through assessed reproductive measures or adoption, our attorneys will help you resolve any complicated issues regarding children.  Visitation and custody issues can become complicated in a same-sex divorce; especially, when one or both of the spouses may not be a biological parent.

    Same-Sex Marriage Divorce Requires an Attorney Knowledgable and Current with Arizona Divorce and Family Law

    After a few years of laws and same-sex marriage and divorce status change and uncertainty, federal law requires states to recognize a valid same-sex marriage that was performed in other states.  Prior to appearing in the federal level, couples seeking to dissolve the relationship needed to establish residency in the state where the marriage was performed.  Now, if you were legally wed (no matter in which state), you can get get legally divorced in any state.

    Finding an attorney both knowledgable and understanding of the same-sex marriage and divorce is crucial to achieve the best possible outcome for your case.  As in any marriage, same-sex divorces have similar issues which need to be resolved.

    If you are seeking a divorce in a same-sex marriage, seek assistance to get more information and a clear understanding of the requirements for divorce in your particular situation.  Our Arizona divorce attorneys are experienced in Arizona divorce and family law and have helped couples with same-sex legal issues.