Same Sex Divorce in Arizona

Same Sex Divorce in Arizona | 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 couple 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 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.

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