Same-Sex Separation And Divorce

Now that same-sex marriage and all its accompanying rights and privileges are recognized as federal law, LGBTQ couples are held to the same rules and obligations regarding divorce. The Law Firm of M. Paul Fischer, P.C., has represented clients in matters involving divorce and legal separation. While most firms can handle a simple divorce, our extensive experience and thorough knowledge of family law matters carry over to same-sex divorce and separation.

We understand that each family unit is different with different needs and aspirations if parents are filing for divorce. Of course, this is true for LGBTQ couples as well. Whether the divorce or separation is heading to court or mediated by an impartial attorney, we prepare each time for all eventualities by gathering all the necessary facts. This allows us to see issues of dispute ahead of time and proactively resolve them and to protect our client's individual and parental rights if the other party is not being reasonable.

Matters To Consider In LGBTQ Divorce And Separation

Arizona legislation has not changed the language of its laws to accommodate LGBTQ families. This means that judges and attorneys interpret the laws to make them applicable. Major issues include:

  • Child custody (legal decision-making): The health and welfare of the children should always be a priority. Custody is generally tied to the biological parent, although this can be managed through stepparent adoption.
  • Community estate law: Arizona's community property law is designed to ensure a fair distribution of assets. Spousal maintenance and division of retirement benefits are determined by length of the marriage, which begins with the date of a valid marriage contract.
  • Same-sex contract: Arizona honors contracts between same-sex couples who have not yet married.

We Are Here To Protect Your Rights

The laws regarding LGBTQ family rights are going to be a work in progress for years to come. It is wise to seek the counsel of The Law Firm of M. Paul Fischer, P.C., to work through your legal issues involving same-sex separation and divorce. We understand that it can be a difficult time for any family and yet we know that specific issues regarding your family must be handled with the utmost sensitivity and understanding. It is with this in mind that we will work to protect all your parental and personal rights.

Contact Us Today To Discuss Your Separation Or Divorce

Contact our office in Mesa to schedule your free and confidential initial consultation with a lawyer. You can write us through our Contact page, or call our office at 480-582-0043.