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The Process of Getting a Same-Sex Divorce in Arizona
There are a few things to keep in mind if you’re considering a same-sex divorce in Arizona. First, it’s important to understand that the process is similar to that of a traditional divorce.
There is no specific process for getting a same-sex divorce in Arizona. The process is the same as for any other divorce in the state. You will need to file a petition for divorce with the court, serve your spouse with the petition, and then possibly attend a hearing.
Once your spouse has been served, they’ll have 20 days to respond if they were served in Arizona and 30 days to respond if they were served in another state.
If you and your spouse can reach an agreement on all of the issues in your divorce, you can file for an uncontested divorce. This means that you won’t have to go to trial and that the process will be much quicker.
However, if you can’t reach an agreement, you’ll need to go through the process of contested divorce, which can be more complicated and take longer.
Either way, it’s important to consult with an experienced attorney who can help you navigate the process and ensure that your rights are protected.
The Requirements for Getting a Same-Sex Divorce in Arizona
The requirements for getting a same-sex divorce in Arizona are the same as the requirements for getting a divorce between opposite-sex couples.
You or your spouse must have been a resident of the state for at least 90 days before filing. You do not need grounds to file for divorce in Arizona so long as either you or your spouse believes the marriage is irretrievably broken.
In order to get a divorce, one spouse must file a Petition for Dissolution of Marriage with the court. The other spouse will then have the opportunity to respond to the petition. Once the respondent has filed their response, the court will set a date for a hearing.
At the hearing, both spouses will have an opportunity to present evidence and testimony. After considering all of the evidence, the court will make a determination as to whether or not the marriage should be dissolved.
Same-Sex Divorce With Children
If you have children, you’ll also need to address child custody and support issues in your divorce.
If there are children as a result of the marriage, the court may need to apply the statutory presumption of paternity to give parental rights to both spouses. 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.
The court will consider both parents’ incomes, work schedules, and other factors when making a custody determination. Child support is calculated using a formula that takes into account both parents’ incomes and the amount of time each parent spends with the child.
How to Serve Divorce Papers in Arizona
The process for serving divorce papers in Arizona is similar to the process in other states. The person filing for divorce must first give notice to the other spouse, either by personally delivering the papers and obtaining a waiver of service signed by your spouse or by having them served by a third party.
Once the papers have been served, the spouse must file a response. If they do not respond within the time frame for filing a response, a default judgment may be entered.
If you are considering a same-sex divorce in Arizona, it is important to understand the process and what your rights are. With the help of an experienced attorney, you can ensure that your divorce goes as smoothly as possible.
How to Respond to a Divorce Petition in Arizona
If you have been served with a divorce petition in Arizona, you must take action within 20 days if you were served in Arizona or 30 days if you were served in another state.
If you choose to file a response, you will need to complete and file a document called an Answer and, potentially, a Counter-Petition. This document will ask you to provide information about yourself, your spouse, your children, and your marriage. You will also need to state whether you believe your marriage is irretrievably broken.
Once you have filed your Answer and Counter-Petition, the court may set a date for a hearing referred to as a Resolution Management Conference. At the hearing, both you and your spouse will have an opportunity to inform the court of any agreements you have reached and to discuss the issues you do not agree upon.
The judge will then typically schedule your final divorce trial to allow you and your spouse to present evidence on the contested divorce issues.
How to Negotiate a Divorce Settlement in Arizona
If you’re considering getting a divorce in Arizona, it’s important to understand how the state handles divorce settlements.
In Arizona, all divorces may be settled through negotiation between the two parties. This means that you and your spouse can come to an agreement on all aspects of your divorce, including child custody, property division, and alimony.
If you’re unable to reach an agreement with your spouse, you can try mediation or arbitration. However, if these methods fail, the court will make the final decision after conducting a final divorce trial.
When negotiating a divorce settlement in Arizona, there are a few things to keep in mind.
First, it’s important to be reasonable and flexible.
You’ll also need to be prepared to compromise on some issues.
Finally, make sure you understand all of the state’s laws before entering into any agreements.
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
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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About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.
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