Same-Sex Divorce and Family Law Attorneys in Glendale & Tucson, Arizona

Until 2015, most same-sex couples in the United States were unable to be legally married. The pivotal Obergfell v. Hodges Supreme Court decision legalized same-sex marriage in every state.

At the Law Offices of Vescio & Seifert, P.C., we believe our clients in same-sex family law matters should receive the same considerations, benefits, and treatment as our clients in opposite-sex divorce and other family law cases. We will work to protect your best interests and your legal rights. If you live in Tucson, Glendale, or anywhere in Arizona, metro area, and you are considering divorce or have been served divorce papers by your same-sex spouse, we are here to help.

In addition to same-sex issues, we welcome clients and couples of all gender identities, and cases involving a partner in the process of transition.

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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.