The legalization of same-sex marriage in 2015 marked a significant milestone in the United States. This achievement not only brought about the recognition of same-sex marriages but also the recognition of same-sex divorces. Divorce, already a complicated and emotional process, can become particularly challenging for couples going through a same-sex divorce in Arizona due to the legal nuances surrounding same-sex marriage.
If you find yourself considering a same-sex divorce in Arizona, it is vital to be aware of the following information.
Eligibility for Divorce
To file for divorce in Arizona, it is required that at least one party be a resident of the state for a minimum of 90 days. For same-sex couples, an additional condition is that the marriage must have been legally conducted in Arizona or a state that recognizes same-sex marriages.
Divorce Grounds
Arizona follows the no-fault divorce system, meaning that couples are not obligated to prove fault or wrongdoing to initiate divorce proceedings. The sole ground for divorce in Arizona is the irretrievable breakdown of the marriage.
Child Custody and Support
When it comes to child custody and support, both same-sex and opposite-sex couples fall under the same legal regulations. Arizona courts place the best interests of the child as the top priority when making custody and support decisions.
Property Division
One of the most intricate aspects of any divorce lies in the division of property. In Arizona, it is crucial to grasp the distinction between separate and community property.
Separate Property
Separate property encompasses assets solely owned by one spouse before marriage or acquired after the date of separation.
Community Property
Community property refers to assets acquired during the course of the marriage. In Arizona, the default approach is an equal division of community property between both parties unless an uneven distribution is deemed necessary to achieve a fair and equitable outcome.
Same-sex couples may encounter unique challenges concerning property division. For instance, if a couple was together for an extended period before their legal marriage, there might be jointly acquired property prior to the marriage that requires division. Seeking legal advice becomes highly important in such situations.
Spousal Support
Same-sex divorces in Arizona can result in spousal support awards. When adjudicating spousal support, the court will consider factors such as the duration of the marriage, the earning capacity of the parties involved, and the standard of living experienced during the marriage.
Legal Representation
Securing legal representation during a same-sex divorce in Arizona is of utmost importance. An experienced attorney can provide guidance through the legal process, help navigate the intricacies associated with same-sex marriages, and advocate for your rights and interests.
Final Thoughts
While same-sex marriage is legally acknowledged in Arizona, navigating a same-sex divorce may introduce additional legal complications. Seeking legal advice and representation when contemplating a same-sex divorce in Arizona is crucial. Understanding the laws and your rights will empower you to navigate the process with confidence and strive for a fair and equitable outcome.