ARE YOU LOOKING FOR EXPERIENCED FAMILY LAW COUNSEL?

Everyone deserves an abuse-free, violence-free relationship. Unfortunately, your partner may change and become abusive or violent. When in an abusive relationship, you may protect yourself and your kids from the abusive partner or any legitimate threat by seeking an order of protection. An experienced Arizona family law attorney can enlighten you about what an order of protection does and how to file your petition.

At Law Offices of Vescio & Seifert, P.C., our attorneys have devoted their careers to offering experienced legal services and helping domestic violence victims seek protective orders. As your legal counsel, we can evaluate the surrounding circumstances of your situation, explore your legal options, and help determine your path forward. We will guide you through the process of obtaining an order of protection and help you seek adequate protection from your abusive partner.

Law Offices of Vescio & Seifert, P.C. is proud to serve clients across Glendale & Tucson, Arizona, and surrounding communities throughout the Phoenix Metro Area.

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Does Arizona Recognize Same-Sex Marriage?

Married same-sex couples in Arizona have all the same rights and bear all the same responsibilities as opposite-sex married couples. This includes the right to obtain a no-fault divorce should the marriage fail.

What Issues are Unique to Same-Sex Divorce?

Same-sex divorce and child issues is often accompanied by unique challenges, including these five:

Many same-sex couples were living as married couples long before they were allowed to legally marry. When the court deals with any divorce, decisions regarding property division, spousal support, and other issues hinge on the date the marriage began. This can be a problem for mixed-sex couples who lived together for a period of time prior to making the union official, but it’s certainly a problem for same-sex couples. After all, they were not allowed to legally wed until 2014 in Arizona so delaying the formality was not their choice. Nonetheless, the brevity of their marriage may be held against one or both spouses.
Arizona is a community property state. In general, any property acquired after the date of the marriage is marital property and therefore subject to a 50/50 division. Same-sex couples might have been living together as essentially a married couple for years or even decades prior to being allowed to legally wed. That means their finances, taxes, assets, and debts would be considered separate, not community property, up until the date of legal marriage.
Likewise, in its calculation of spousal support, or “alimony,” if awarded, the court uses the length of the marriage as a factor. Again, a lower-earning or non-earning spouse supported by the other spouse for years prior to the marriage may be financially devastated if the length of time spent together as a married couple before being able to legally wed is not recognized.
Many same-sex couples choose to have children. One of the spouses may be the biological parent of the child or may have adopted the child as a single parent because gay couples were not allowed to adopt before same-sex marriage became legal. If the other spouse never formally adopted the child, that spouse may have no legal right to custody or visitation after divorce. That spouse would also have no obligation to provide child support for the child.
A spouse could also face substantive tax issues in gay divorce. If the court agrees that, for example, the home the couple lived in long before they were allowed to marry is community property, the spouse whose name is on the property must transfer half of its value to the other spouse. The receiving spouse would be required to pay federal tax on the property’s value.

Personalized Legal Advocacy

Not all family law attorneys deal with same-sex divorce, so it’s important that you choose one that does. The issues are challenging. Individual judges make decisions differently. For example, one judge may recognize property acquired during the time together prior to marriage as community property while another may only recognize anything acquired after the date of marriage in 2014 or later. Having a divorce attorney in Arizona who knows which judges rule one way or the other is to your advantage.

You are facing issues in same-sex divorce that are interpreted and ruled on by the court in highly subjective ways. Your attorney needs to represent your best interests in that ever-changing environment. Without firm legal precedent, your attorney is the only advocate you have.

Same-Sex Divorce Attorneys Serving Glendale & Tucson, AZ

At the Law Offices of Vescio & Seifert, P.C., we are dedicated advocates for clients in same-sex divorce. We understand the unique challenges you face and work tirelessly to protect you. Divorce is never easy, but you face more difficult situations than mixed-sex couples. If you are considering divorce or have been served divorce papers in Glendale, Tucson, or the Phoenix, Arizona, metro area, call us today to schedule a time to talk.

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ARE YOU LOOKING FOR EXPERIENCED FAMILY LAW COUNSEL?

Ready to Move Forward?

Does Arizona Recognize Same-Sex Marriage?

What Issues are Unique to Same-Sex Divorce?

Personalized Legal Advocacy

Same-Sex Divorce Attorneys Serving Glendale & Tucson, AZ

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Glendale Location

Tucson Location