Same-Sex Divorces in Arizona

Same-sex spouses in Arizona follow the same legal divorce process as opposite-sex couples. However, certain issues can be uniquely complex and may require extra attention, especially when the marriage predates Arizona’s legal recognition of same-sex unions.

While Arizona courts apply the same standards to all divorcing spouses, specific timelines and histories can affect how they apply the law to property division, parental rights, and support arrangements.

If you’re pursuing a same-sex divorce in Arizona, an experienced divorce lawyer at Mushkatel, Gobbato, & Kile, P.L.L.C., can explain these factors and help you make informed decisions during the divorce process.

When Did Same-Sex Marriage Become Legal in Arizona?

Two dates carry implications for how Arizona courts handle issues like marital property and parental rights in same-sex divorce cases:

• On October 17, 2014, at the state level, same-sex marriage became legal in Arizona when a federal judge struck down the state’s ban. Before that date, Arizona did not permit or recognize same-sex marriages.
• On June 26, 2015, at the federal level, same-sex marriage became legal nationwide, following the U.S. Supreme Court’s decision in Obergefell v. Hodges. 

What Is the Divorce Process for a Same-Sex Couple in Arizona?

The divorce process for LGBTQ couples in Arizona has the same requirements and follows the same steps as for opposite-sex couples, including:

• All couples must meet specific residency requirements.
• One spouse must file a petition for dissolution of marriage in the county where either spouse lives. 
• To file, at least one spouse must have lived in Arizona for at least 90 days. 
• The other spouse is served with divorce papers and has a set time to respond.

Arizona is a no-fault divorce state. To obtain a divorce, a spouse doesn’t need to prove wrongdoing – only that the marriage is irretrievably broken.

If the spouses agree on key issues such as property division, spousal maintenance, child custody, and child support, they may submit a consent decree for the court’s approval. If there are disputes, the case may proceed through negotiation, mediation, or trial.

Once the spouses have resolved all matters, the court will issue a divorce decree that finalizes the dissolution and outlines the terms of the settlement. Working with a same-sex divorce attorney at Mushkatel, Gobbato, & Kile, P.L.L.C., will help you pursue the most favorable outcome possible.

How Can a Same-Sex Divorce in Marriage Be Affected If the Marriage Occurred Before 2014?

Same-sex marriages that took place before Arizona recognized them may create complications in divorce because defining issues like property ownership, spousal rights, or parenting arrangements might be more challenging if the law did not recognize the relationship at the time. How the law applies will often depend on how and when the couple formalized their relationship. A same-sex divorce lawyer can review the details of your case and help determine how Arizona law applies to your specific circumstances.

What Is the Benefit of Mediation in a Same-Sex Divorce?

As it does for opposite-sex spouses, mediation offers same-sex couples a way to resolve divorce-related issues privately and collaboratively. Instead of relying on a judge to make decisions, both spouses work with a neutral mediator to address key matters related to finances, property, and children. Mediation can:

• Reduce conflict
• Save time
• Limit legal fees
• Give spouses greater control over the outcome
• Result in a personalized, durable agreement.

How Is Property Divided in a Same-Sex Divorce?

Arizona is a community property state, which means most assets and debts acquired during the marriage, or “community property,” are divided equally in divorce proceedings. This rule applies to same-sex and opposite-sex couples alike.

However, same-sex spouses may face added challenges if they lived together or acquired property before Arizona law recognized their marriage. Determining what constitutes marital versus separate property can be more complicated in such cases. When dividing assets, the court may review ownership records and consider factors like the spouses’ respective financial contributions. Having skilled legal guidance can often be useful in resolving disputes and protecting each spouse’s financial interests.

How Long Can an Arizona Same-Sex Divorce Take to Settle?

The timeline for a same-sex divorce in Arizona depends on the complexity of the case and whether both spouses agree on the key issues. The fastest possible divorce requires at least 60 days after service of the petition, the state’s mandatory waiting period.

If the spouses disagree, they can extend the process by several months or more as they work to resolve their differences. Also, cases involving pre-2014 relationships may take additional time to resolve due to the additional complexities that a same-sex couple’s divorce in that situation may present.

How Is Alimony and Child Support Calculated in an Arizona Same-Sex Divorce?

Arizona calculates child support and spousal maintenance (which some states call “alimony” or “spousal support”) the same way for all couples, regardless of their gender or sexual orientation.

When calculating spousal maintenance, courts consider factors such as:

• The length of the marriage
• Each spouse’s income and earning potential
• Whether one spouse contributed to the other’s career or education.

In same-sex divorces, the recognized length of the marriage – typically starting from the legal marriage date – can affect eligibility and the amount awarded.

Child support follows Arizona’s guidelines, which determine the amount based on factors that include:

• Each parent’s income
• Parenting time
• Health care costs.

Same-sex parents may face additional legal questions if only one parent has legal or biological ties to the child. In those cases, it may be necessary to establish or contest parental rights before the court can issue a child support order.

Contact an Arizona Divorce Lawyer

Ending a marriage always requires paying attention to detail and closely following a specific set of legal processes. The unique facts of some same-sex divorce cases make the need for strong legal support even more critical.

If you’re preparing to file for divorce in Arizona, trust the divorce lawyers at Mushkatel, Gobbato, & Kile, P.L.L.C., to provide the guidance you need. We have a combined 50 years of legal experience and provide full-service legal support, bringing the resources of a large firm while providing the personalized service of a small one.

Discover what our satisfied clients have to say about their experience, and contact our law office today to get started with a consultation.

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