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What are some unique issues in same-sex divorce?

Unique same-sex divorce issues deal with child custody and how long a couple was married. A clear understanding of same-sex divorce issues is a must if you are preparing to go through the divorce process in Tempe, Arizona. With an experienced divorce attorney in Tempe at your side, you can navigate any same-sex divorce challenges that come your way.

At Blanchette Law PLLC, we can offer insights into the same-sex divorce issues to consider. For more information, get in touch with our Tempe divorce attorney. In the meantime, take a look at our answers to some of the most common issues that come up in same-sex divorce.

unique issues same sex divorce

What are the unique issues relating to child custody in same-sex divorce cases in Arizona?

Legal issues can come up if a same-sex couple has a child born through surrogacy. Who will have custody, as well as the type of custody depends on the terms of the surrogacy agreement, the type of surrogacy, and other factors.

A divorce lawyer in Tempe can review the terms of the divorce in which surrogacy and help their client argue their case for custody accordingly.


Co-parenting can be a consideration in a same-sex divorce case. If two parents are sharing custody of a child, each must be able to co-parent with the other to accommodate the child’s best interests. If a parent is unwilling or unable to co-parent effectively, the court may award the other parent full or primary custody.


Adoption can be a factor in a same-sex divorce case, too. If a couple adopts a child but divorces, a court may be required to determine if one parent is granted full or primary custody. The court will consider a wide range of evidence to determine an appropriate custody agreement.

How does the length of a same-sex marriage affect a divorce case in Arizona?

It can be confusing to determine the length of a same-sex marriage due in part to statutes that vary from state to state.

For example, a same-sex couple may enter into a partnership or civil union in one state, become domestic partners in another state, and get married in a third state. In this scenario, it is nearly impossible to determine exactly when the couple’s marriage was considered legal.

With help from a Tempe divorce lawyer, you can get insights into when your same-sex marriage was legally enacted. Your attorney reviews all of the information surrounding your marriage. Next, your lawyer can help you figure out when your marriage became legal in Arizona.

What steps must I follow to file for a same-sex divorce?

It is in your best interests to seek out a Tempe divorce attorney. This enables you to work with an attorney to move through the divorce proceedings. Your lawyer will ensure that your request for a same-sex divorce is filed properly and aligns with your best interests.

File a petition

Initially, you will need to file a petition to dissolve your marriage. After you file the petition, your spouse has an opportunity to respond to it. Depending on the issues at hand, you may be able to move forward with an uncontested or contested divorce.

Agree to full terms or go to trial

If your divorce is uncontested, you and your spouse agree to the terms and can finalize your pact. Comparatively, in a contested divorce, various issues must be settled before the agreement can be finalized. Each party must agree to the full terms, and if they cannot, a trial may be required to finalize a divorce agreement.

How can I proceed with a same-sex divorce in Arizona?

Adriana Blanchette of Blanchette Law PLLC can help you initiate the same-sex divorce process in Arizona. To learn more, please call us today at (602) 881-1748.

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