Same-Sex Divorce in Arizona
Arizona Same-Sex Divorce | What You Need to Know
The United States Supreme Court ruled that same-sex couples have a constitutionally protected fundamental right to marry. As a result, it has been estimated that hundreds of thousands of same-sex couples have crossed the matrimonial divide. It has been reported that the rate of divorce among same-sex couples if approximately the same as divorce rates among heterosexual couples.
The divorce rate for same-sex couples has been reported to be a little lower than divorces between heterosexual couples. There are similarities in the issues that need to be addressed in a same-sex divorce in Arizona, but there are also some differences. Let’s talk more about these similarities and differences.
Similarities of Same-Sex Divorce in Arizona
As in any divorce, the court must find that the marriage between the couple is irretrievably broken with no prospect of reconciliation. All the court has to do is receive testimony from at least one of the spouses indicating the marriage is irretrievably broken with no hope for reconciliation to meet this requirement. Well, that is easy enough to establish.
The court will also have to consider whether one spouse should pay the other spouse alimony, will have to divide the parties’ community property and debts, and determine if one spouse will have to contribute to the attorney fees spent by the other spouse to finalize the divorce.
Differences of Same-Sex Divorce in Arizona
The most significant difference between a same-sex divorce in Arizona rears its head when the discussion of custody of the children and child support becomes an issue. If one of the parties adopted a child, or was conceived through artificial insemination, or was carried by a surrogate and a child was born the marriage you may run into issues.
If the other spouse did not also adopt the child, that spouse may have limited rights to the child and have no obligation to pay child support to the other parent. It is imperative that you have an attorney who understands the laws of the state in which you are adopting a child or using a surrogate to carry the child. There are very strict criminal laws that apply in these situations you must avoid.
The divorce attorneys at Hildebrand Law, PC has experience representing a party in a same-sex divorce in Arizona. If you are in a same-sex marriage and need an experienced divorce lawyer to represent you in your same-sex marriage, call us to schedule a consultation.
Arizona Divorce Attorneys for Same-Sex Couples
Arizona Divorce Attorneys Representing Same-Sex Couple
The attorneys at Hildebrand Law, PC are Arizona divorce attorneys for same-sex couples.
You should know the divorce process is very similar to a married heterosexual couple as it is for a same-sex couple. There are, however, some differences. You need Arizona divorce attorneys for same-sex couples who understand how to navigate you through the complexities of a divorce.
For example, if a child was born during the marriage of two females then the statutory presumption of paternity holds that both women are presumed to be the parents of the child(ren).
That was recently decided by the Arizona Supreme Court in the case of McLaughlin v. Jones.
However, if a same-sex couple was not married when the child was born paternity cannot be established, which impacts the court’s ability to award custody and parenting time rights.
There are other statutes, however, that may allow the other parent to file for visitation and even custody of the child. An adoption is also an option whether the same-sex couple is married or not in which case both adoptive parents will have all of the parental rights of all other parents.
You need to choose the best divorce attorney for your same-sex couple divorce.
We have handled many same-sex couples divorces and other family law matters.
If you have questions about same sex divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.
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Chris Hildebrand wrote the information on this page about same-sex divorce in an Arizona divorce to ensure everyone has access to information about divorce laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.
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