It has been almost two years since the U.S. Supreme Court ruled in favor of same-sex marriage. And, as with all couples, legal marriage also comes with the right to divorce.
Although the same general divorce laws apply to same-sex couples, there are more complex issues to consider regarding legal decision-making, parenting time, and the division of property.
Child Custody
A number of issues can arise related to surrogacy, adoption and presumptive parenthood that require an in-depth legal analysis of the most current case law related to legal decision-making and parenting time of minor children.
This area continues to grow as a hot topic in family law and there have been a number of recent cases that attempt to make the law clearer in these matters. In fact, there is a same-sex parental rights case in the Arizona Supreme Court where this very issue will be determined.
Property Division
As a community property state, there is a presumption that all divorcing couples in Arizona equitably divide all assets and debts that were obtained during the marriage. Disputes may arise regarding exactly what can be considered community property verses separate property, particularly if a same-sex couple began a relationship before it was legal to marry.
As the laws related to these issues are rapidly changing, it is important to speak to an attorney regarding your concerns and rights. At DeShon Laraye Pullen PLC, we have the experience and expertise necessary to advise and advocate for you during your divorce. Contact us to discuss your situation and your best possible next steps.
