Same-Sex Divorce Attorneys in Tempe, AZ

The legal recognition of same-sex marriage was a landmark achievement, yet the dissolution of such a marriage presents unique legal and emotional challenges. For same-sex couples in Tempe, Arizona, navigating a divorce requires not only a comprehensive understanding of family law but also an appreciation for the specific complexities that can arise. While Arizona law ensures that same-sex divorce proceedings are governed by the same statutes as heterosexual divorces, underlying issues related to asset division, child custody, and spousal support can be more intricate. 

Securing representation from a law firm that possesses both profound legal authority and a commitment to equitable treatment is paramount. With over 80 years of combined experience, the attorneys at Simon Law Group have been steadfast advocates for clients in high-conflict, high-stakes family law matters. Our team is dedicated to providing expert legal counsel to the LGBTQ+ community in Tempe, ensuring that your rights are protected throughout the entirety of the divorce process. 

Unique Considerations in Same-Sex Divorce 

While the legal framework for divorce is uniform, same-sex couples often face distinct hurdles rooted in the history of marriage equality. Before the nationwide legalization of same-sex marriage in 2015, many couples were in long-term, committed relationships that the law did not recognize. This period can create significant complications when it comes to the equitable division of assets and the determination of spousal maintenance, as the official start date of the "marriage" for legal purposes may not reflect the true length of the partnership. 

An experienced Same-Sex Divorce Attorney in Tempe must be adept at navigating these nuances. It requires a strategic approach to demonstrate the history of the relationship and argue for a fair outcome that honors the couple's entire shared life, not just the period in which they were legally married. 

Asset Division and Community Property 

Arizona is a community property state, meaning that assets and debts acquired during the marriage are presumed to be owned equally by both spouses. For same-sex couples, determining what constitutes community property can be challenging. Assets acquired before the legal date of marriage, but during a period of long-term cohabitation, may be considered separate property by the court, even if they were treated as shared assets by the couple. 

This is where expert legal representation becomes critical. A knowledgeable attorney can help gather evidence to argue for a more equitable distribution, potentially through legal theories such as unjust enrichment or implied partnerships, to protect assets that were accumulated through joint efforts before the official marriage date. It is a complex area of family and divorce law that demands specialized experience. 

Navigating Child Custody and Parental Rights 

For same-sex parents, matters of legal decision-making (custody) and parenting time can be particularly complex. When both parents are legal parents (through adoption or birth), the process generally follows standard Arizona family law guidelines, focusing on the best interests of the child. However, significant challenges arise when one partner is a biological parent and the other is a non-biological parent who has not formally adopted the child. 

In these situations, the non-biological parent’s rights are not automatically guaranteed. Establishing parental rights may require presenting extensive evidence of a parental relationship, such as involvement in the child’s upbringing, financial support, and public acknowledgment of parentage. The attorneys at Simon Law Group are profoundly experienced in protecting the parental rights of same-sex couples, working diligently to ensure that the vital bond between a parent and child is legally recognized and preserved. 

Spousal Maintenance (Alimony) in Same-Sex Divorce 

Spousal maintenance, or alimony, is determined based on several factors, including the length of the marriage, the financial needs of one spouse, and the ability of the other spouse to pay. As with asset division, the legally recognized duration of the marriage can pose a significant challenge for same-sex couples. A marriage that lasted only a few years on paper may not accurately reflect a decades-long partnership where one partner made career sacrifices to support the other. 

An experienced divorce attorney can build a strong case for spousal maintenance by presenting a complete picture of the relationship's history. This involves demonstrating the financial interdependence that existed long before the legal marriage, ensuring the court has a full and accurate context to make a fair determination. 

Why You Need an Experienced Attorney 

Divorce is an emotionally taxing and legally intricate process for anyone. For same-sex couples in Tempe, the added layers of complexity make it even more crucial to have a skilled and empathetic advocate. An attorney who understands these unique issues can anticipate challenges, protect your rights, and work toward a resolution that is both fair and just. 

The team at Simon Law Group is committed to ensuring every client receives the same high level of representation, regardless of sexual orientation. We understand that you are not just navigating a legal process but are closing a significant chapter of your life. Our attorneys provide the authoritative guidance and compassionate support necessary to handle high-conflict, high-stakes divorce cases with the utmost professionalism. 

Take the Next Step with Confidence 

If you are a member of the LGBTQ+ community in Tempe considering divorce, you do not have to face this journey alone. Understanding your rights and options is the first step toward securing your future. The Simon Law Group offers a free, confidential consultation to discuss your specific situation and provide clear, actionable advice. 

Our firm operates with the conviction that expert legal representation should be accessible, which is why we handle many cases on a "pay only if you win" basis. Let us provide the support and legal expertise you need to navigate this difficult time. 

Contact Simon Law Group today to schedule your free consultation with an experienced Tempe family law attorney and protect your rights.