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Tucson Attorney Helps Same-Sex Couples Resolve Legal Issues

Southern Arizona law firm handles divorce, custody and related matters

Same-sex marriages in Arizona have been legally recognized since 2014, but the law is still adapting to special issues that can arise, particularly where children are concerned. At Pahl & Associate in Tucson, our legal team advises clients in same-sex relationships on such issues as divorce, property division, spousal support, child support, custody and visitation. We keep up to date on all legal developments in this evolving area of the law.

Understanding Arizona law’s nuances regarding children of same-sex couples

While same sex-marriages are now legal in Arizona, there are special considerations affecting parental rights and obligations. The state supreme court ruled in 2017 that when a child is born by artificial insemination to a woman during a same-sex marriage, the parentage of the other spouse is presumed. However, there is no similar presumption of paternity in a male same-sex marriage. There is also no legal process for listing two mothers or two fathers on a birth certificate. Since Arizona law is still developing, it is wise for nonbiological parents to pursue adoption. This legal status can guard against denial of custody or visitation in a divorce. It also ensures the adoptive parent’s rights if the biological parent dies or becomes incapacitated. We counsel same-sex spouses throughout the adoption process and take all legal steps required.

Dealing with the full range of issues arising during divorce and separation

We are skilled at helping divorcing same-sex spouses resolve such essential concerns as:

  • Dividing assets —Arizona is community property state. Property acquired by either spouse during a marriage is divided equally during a divorce. However, property division in a same-sex divorce could be unjust if the couple lived together and shared assets before they were legally able to marry. We help forge agreements that fairly divide assets acquired pre-marriage.
  • Spousal maintenance — In all divorces, spousal maintenance (formerly known as alimony) is based on financial need and other factors. One factor is the duration of the marriage, which for same-sex couples is very short if counted only from the date such marriages became legal. We assist divorcing spouses in preparing documents supportive of a more comprehensive view of the length of the relationship.
  • Parental rights and obligations — Child custody (legal decision making) and visitation (parenting time) depends on an evaluation of the child’s best interests. Child support is usually awarded to the parent with primary custody, based on the child’s standard of living during the marriage and both parents’ incomes. We make the strongest case possible for fair custody, visitation and support arrangements.

We also stand ready to advise you on any other family law issue you may face.

Contact a Tucson lawyer who understands the unique aspects of same-sex relationships

Pahl & Associates in Tucson helps people manage issues arising from same-sex relationships. To talk to a lawyer about your specific needs, call us at 520-628-1111 or contact us online anytime. Se habla español.