A series of protocol applied to the parties involved, “Temporary Orders” often include occupation of the primary residence, payment of bills, residence and custody of children and any applicable spousal maintenance. These orders are primarily important when it comes to child custody, as they attempt to keep as much of the status quo for the children’s lives during the divorce process.
Permanent Orders for Child Custody
Spousal Maintenance and property division are often based heavily on results of Child Custody. Decided based on the best interests of the child, these orders determine where the child will reside and how much time will be spent with the parent with whom they do not live.
Same-sex divorce differs from heterosexual marriage perhaps most significantly in this area. Arizona laws are complex and ever changing when it comes to legal parents of children from same-sex marriage. Under Arizona statute, if one parent does not physically provide genetic material for the child, that person is not considered a legal parent. However, although same-sex couples are still prohibited from third party adoptions in Arizona, adoption of a non-biological child as a stepparent may be possible with the new legalization of same-sex marriage. Consult with an attorney who is well versed in family law to determine your rights.
Factors such as time spent with each parent, specific educational or medical needs, previous standard of living, and parental income help the Court to determine what amounts one spouse will be required to pay in child support. This is usually separate from any spousal maintenance agreed upon.
Dissolution of Marriage
After all terms have been agreed upon or decided by the Court, then the final Dissolution of Marriage is granted, legally ending the marriage of you and your same-sex partner, and contracting you both in a list of requirements as applicable to your child or children.
Because of the recent change to the law, it is important to hire a lawyer who is sensitive to the nature of your dissolution and who can be proactive in ensuring you are treated fairly. The Simon Law Group has skilled Phoenix divorce attorneys who can thoroughly answer your questions and are guaranteed to be a good fit for you and your family during this time of transition.]]>