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LGBTQ Representation/Same-Sex Divorce

With the Supreme Court’s landmark 2015 ruling in Obergefell v. Hodges, the right for same-sex couples to enjoy the opportunities that marriage affords was sustained nationwide, and couples and individuals throughout the country celebrated. However, different states have varying levels of legislation to provide guidance for the unique concerns of same-sex couples during a divorce or separation. Arizona is one of several states without very many particular laws and protections surrounding same-sex marriages and dissolutions. As such, it’s especially important for these couples to work with a lawyer who understands the particular concerns of same-sex divorce and LGBTQ representation, and can utilize the existing laws to ensure that you get full access to your rights. 

Arizona is a community property state, which means that in the case of a divorce, all assets acquired during a marriage are divided equally. This applies to both heterosexual and homosexual couples. Usually, the most complicated issues in divorce revolve around child custody and parental rights. This can be especially true in the case of LGBTQ representation, wherein adoptions are common, or children may be conceived through third-party reproduction methods. Arizona family law recognizes the parental rights of both parties in an LGBTQ divorce evenly. All the same, these factors can add layers of complication which require a thorough understanding of state regulations, LGBTQ and civil rights issues, and district family law proceedings. 

Our legal team has extensive experience in these areas, and can handle your case with understanding and acuity to ensure that you are able to reach a fair and equitable arrangement for your family.

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