LGBT Family Law & Same-Sex Divorce Lawyer Scottsdale, Arizona
Same-Sex Divorce and LGBT Family Law Attorney in Phoenix and Scottsdale
Same-sex divorce and other LGBT family law matters are covered by the same laws that apply to opposite-sex divorces. However, because same-sex marriage has been legal in Arizona for only a few years, laws and precedents continue to evolve as new situations present themselves in the courts. If you are in a same-sex marriage and are thinking about divorce, it is important to have an attorney who stays current with evolving laws and processes.
At the Scottsdale law office of Attorney Karen A. Schoenau, clients come to us seeking answers to questions about Arizona divorce law and how it applies to them. Whether they are just thinking about divorce or have already been served with a complaint for divorce, our LBGT clients know they can rely on Attorney Schoenau for honest and helpful legal advice that will help them get through a difficult time.
Handling Same-Sex Divorce in Scottsdale, AZ
Arizona divorce law is the same for all married couples, whether same-sex or opposite sex. This means that LGBT couples thinking about divorce must resolve the same issues as opposite-sex couples before a divorce can be finalized. These issues include:
- Child custody and parenting time: Remember, unless the non-biological parent formally adopted a child of the spouse, he or she has no enforceable parental rights after divorce. In such circumstances, our lawyer may be able to obtain third-party visitation for LGBT clients.
- Child support: Child support calculation for same-sex parents is the same as for opposite-sex parents. The incomes of both parties, parenting time schedules, and other allowed expenses determine the amount of child support paid or received.
- Division of assets: This issue is a little trickier than some others, because same-sex marriage was not legal in Arizona until 2015, and many couples simply lived together until they were able to marry legally. Technically, this means that only the property shared after marriage should be considered when dividing assets. However, many cohabiting same-sex couples shared property and assets as if they were married. Attorney Karen A. Schoenau can advise clients about mediation and how that process might help with the division of pre-marital assets acquired during the years before marriage.
- Spousal support: Like issues related to the division of assets, spousal support matters are complicated because the parties in a same-sex relationship could not marry until recently. Attorney Karen A. Schoenau advises clients about their options for either obtaining or paying spousal support after a long relationship.
- Divorce settlements: A divorce settlement covers all the issues agreed to by the parties. Negotiating a settlement often results in a better outcome than going to trial and having matters decided by a judge. Attorney Schoenau helps clients work through the issues involved in the divorce, such as custody, support, and property division, to arrive at a comprehensive solution.
In addition to helping same-sex clients with divorce-related matters, Attorney Schoenau helps clients with matters related to domestic violence and orders of protection. She also handles same-sex adoption and other LGBT family law issues.
How Our Scottsdale AZ Lawyer Helps With LGBT Family Law Matters
Known for providing high-quality legal advocacy at reasonable rates, Scottsdale Divorce Lawyer Karen A. Schoenau helps LGBT clients:
- Understand their rights and options for handling custody and family law issues.
- Stay informed about the progress of their legal matters.
- Navigate the emotional and psychological fallout of their family legal issues.
- Advocate for her clients’ best interests in court or at the negotiating table.
- Work diligently and relentlessly to help clients bring their divorce proceeding to a successful resolution.
Although Arizona law treats all marriages equally, the situations of many same-sex couples differ from those of opposite-sex couples because LGBT people were unable to marry until 2015. Attorney Karen A. Schoenau knows how to create divorce settlements that take the length of a committed relationship into account.
Contact an Arizona Attorney to Discuss LGBT and Same-Sex Divorce
To learn about your rights and options during same-sex divorce, contact Attorney Karen A. Schoenau for an initial consultation. You can set up this meeting by calling or by filling out our online contact form.
From her offices in Scottsdale, Attorney Karen A. Schoenau represents clients throughout the metropolitan Phoenix area and the state of Arizona, including Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, and Gila County.