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August 2012 Archives

Dissolving a Same-Sex Marriage in Arizona

Arizona's Constitution, Article 30, Section 1 and Arizona Revised Statute, section 25-101(C) prohibit marriages between persons of the same sex.  However, other states and countries have adopted laws allowing for same sex marriage.  When persons enter into a legal same sex marriage in a jurisdiction that allows them, and subsequently relocate to Arizona and seek to divorce, the Courts are left to decide how to dissolve the marriage while facing the quandary that it is not a recognized marriage under current Arizona law.  Arizona retains jurisdiction over the matter so long as the parties have resided in Arizona for the 90 days prior to filing.

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