What are Arizona’s Divorce Laws?
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Families in the Phoenix Metropolitan Area come in all forms. In fact, in the Valley of the Sun, the definition of “family” has evolved significantly over the last decade or two. Fortunately, the law has evolved along with it. However, while same-sex marriage is now legal and recognized in Arizona, LGBTQ individuals and couples still face unique legal issues, especially when it comes to divorce, child custody, adoption, and parentage. Our Phoenix Metropolitan Area family lawyers understand that, as a relationship ends, when a family is expanding, or when someone’s rights are being questioned, it can feel overwhelming. If you are dealing with an LGBTQ family law matter, our lawyers are here to help ease the burden. Contact Weingart Family Law for an initial consultation today.
Same-sex marriage is legal in Arizona. Since 2014, Arizona has recognized same-sex marriages, and those marriages are treated the same as any other marriage under the law. There is no separate category. There is no different process. There is no lesser status.
That means that same-sex spouses have the same rights as opposite-sex spouses. If you are legally married, you have the right to file for divorce in Arizona so long as residency requirements are met. The court will apply the same statutes governing property division, spousal maintenance, and child-related matters.
Arizona is a community property state. This means that, generally, any property or debt acquired during the marriage is considered community property and is subject to equitable division. This can include the following:
Spousal maintenance, often referred to as alimony, may also be awarded depending on statutory factors, such as the length of the marriage, each spouse’s earning ability, and the standard of living established during the marriage.
However, the one issue that frequently arises in LGBTQ divorces involves couples who were together for many years before they were legally able to marry. The court typically looks at the legal duration of the marriage when dividing community property.
In Arizona, the court uses the terms “legal decision-making” and “parenting time” rather than custody and visitation. All decisions are based on the best interests of the child. A parent’s sexual orientation is not a determining factor. The court will typically consider the following:
That being said, LGBTQ families sometimes face additional complications. For example, if only one parent is biologically related to the child and the other parent did not complete a formal adoption, legal parentage may be questioned. Unfortunately, acting as a parent is not always the same as being legally recognized as one, which is why establishing parentage properly is so important.
LGBTQ individuals and couples are permitted to adopt in Arizona. Married couples may adopt jointly, and single individuals may adopt as well. Some of the most common forms of adoption are:
In many same-sex marriages, step-parent adoption is used to ensure that both spouses are legally recognized as parents. This can provide essential protection if the relationship later ends or if one parent becomes incapacitated.
Surrogacy and assisted reproduction are increasingly common. However, there is no simple, comprehensive statute governing all surrogacy agreements. Some of the most important issues may include the following:
Legal parentage determines who has enforceable rights and responsibilities toward a child. Parentage can be established through marriage, voluntary acknowledgement, adoption, or court order.
LGBTQ families, particularly those formed through assisted reproduction, should never assume legal parentage. Even if both parents intended to raise the child together, formal legal recognition may still be required, and failing to secure that recognition can lead to serious complications in the event of separation later on.
Domestic violence can occur in any relationship, regardless of sexual orientation or gender identity. Arizona law allows individuals to seek orders of protection against abusive partners. A protective order may provide the following:
Courts in Maricopa County apply the same standards to LGBTQ cases as they do to any other domestic violence matter, and allegations of abuse can significantly affect parenting time and legal decision-making.
Though family law matters can always feel overwhelming, especially when they involve unique legal considerations, you don’t have to face them alone. Our Tempe LGBTQ family lawyers stand ready to help and guide you through the process. Contact us for an initial consultation today.
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