Canterbury Law Group Advises on Same Sex Divorce in Arizona

SCOTTSDALE, Ariz. - Jan. 28, 2016 - PRLog -- The Scottsdale divorce attorneys at Canterbury Law Group can help same sex couples navigate divorce.  In Arizona, gay couples have the legal right to obtain a divorce and attain the same protections and responsibilities under the state's domestic relations laws for division of property and debt as heterosexuals, including Arizona community property laws.  Gay couples in Arizona do experience different issues when compared to a heterosexual divorce:

One unique divorce issue for lesbian and gay couples is simply determining the length of the marriage, which can be instrumental in calculating spousal maintenance and / or the division of retirement benefits. For example, a couple may have entered into a civil union in State A, later received a domestic partnership designation in State B, and finally gotten married in State C. In a situation like this, the questions become: When did the marriage begin, and where?  Ultimately, the first date and place where they had a valid marriage is the legal date which will be used.  However each case is unique and requires seasoned analysis.


Another compelling divorce issue is on custody arrangements. Currently, the LGBTQ community is still waiting for legal clarity on custody issues in divorce, which includes child custody and adoption.  Often surprising, a non-biological parent does not automatically gain the status of a legal parent merely by virtue of being married at the time of the birth. Neither does Arizona currently have a provision for adding a second mother or second father to a child's birth certificate, which can be important for some legal purposes as well as genealogy or simply personal satisfaction. Such spouses also would have no rights regarding caring for the child or children should the other parent die or otherwise be incapacitated. However, now that same sex marriage is recognized in Arizona and throughout the country, a step-parent adoption proceeding is an option, among others, to address this problem.

Whether you are considering filing for an Arizona same sex divorce or you've already been served with a divorce petition, it is critical to speak with an attorney immediately to assess your legal rights and take the necessary steps to protect them.  The divorce attorneys at Canterbury Law Group can help you navigate your divorce.

About Canterbury Law Group

Canterbury Law Group, formerly Edwards & Cherney LLP, was founded in Phoenix, Arizona with dedication to providing dynamic legal counsel at the highest level possible.  As authorities in the legal industry, the team at Canterbury Law Group was uniquely formed to provide no-nonsense legal counsel for civil litigation, corporate, family law, federal bankruptcy and real estate. The team's attention, experience and sophistication allows for innovative resolutions that generate positive client results.  For more information, visit http://www.canterburylawgroup.com.