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In Arizona, same-sex divorce is just divorce. The legal process for divorce is the same, regardless of the sex or gender of the parties involved.

Like any other separation, a same-sex divorce comes with stress, complications, and the potential for conflict.

At Lincoln & Wenk, PLLC, our same sex divorce attorneys are committed to making your divorce as painless as possible. Let us help you skilfully navigate the coming hurdles.

Schedule a consultation with a same-sex divorce attorney today.

Why You Need Legal Advice for a Same-Sex Divorce

Expertise in LGBTQ Divorces

We’ve worked with divorce clients of all genders, sexual orientations, and sexes. Whatever your situation might be, we’ll handle it with care and precision.

defend your rights

Adamant Defense of Your Rights

Our firm will stand up for your rights throughout the divorce process, advocating passionately for equitable treatment and fair outcomes across the board.

Effective Negotiation in Guardianship Cases

Professional Negotiations

A skilled attorney handles all the divorce procedures, gathers evidence for your case, and negotiates with your spouse's lawyer to avoid an expensive and contentious court battle.

Our LGBTQ Divorce Lawyers Can Help You With…

No law or court rule says you are required to be represented by an attorney in your Arizona divorce case. However, trying to go it alone can be risky, especially if you have significant assets or are unable to agree on key aspects of the separation.

When you hire Lincoln & Wenk, PLLC, we’ll help navigate disagreements and work toward fair outcomes regarding:

Child Custody and Visitation Lawyers

Child Custody & Visitation

We’ll advocate for your parental rights and work towards custody arrangements that prioritize the well-being of your children while respecting your family’s unique dynamics.

Lawyer for Fair Property Division in Divorce

Property Division

Our same sex divorce lawyers will ensure a fair division of marital assets, considering both financial contributions and non-financial contributions to the marriage.

Fair Financial Support Arrangements

Child Support

We’ll assist in determining child support obligations based on Arizona guidelines and your children’s needs, ensuring financial stability post-divorce.

Alimony Spousal Support and Maintenance Lawyer

Spousal Support (Alimony)

We’ll help negotiate or litigate alimony terms that support your financial future, taking into account your contributions to the marriage and economic circumstances.

Divorce Mediation in Phoenix

Divorce Mediation

Our firm offers mediation services to facilitate constructive discussions and agreements between you and your spouse, aiming to resolve disputes amicably and cost-effectively.

Reach a Fair Outcome in Same-Sex Divorce Mediation

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Divorce is painful and stressful, no matter the specifics. If you’re filing for a same-sex divorce in the Phoenix area, let us help you settle the complicated matters in mediation.

Learn About Your Options

How Does the Process for Same-Sex Divorce Work?

Meet with a Same-Sex Divorce Attorney

Start by scheduling a consultation with an attorney from Lincoln & Wenk. We understand the specific legal nuances and challenges LGBTQ couples may face in Arizona, and we’re ready to learn about your case.

Prepare & File the Divorce Petition

Your LGBTQ divorce attorney will assist in preparing and filing the necessary paperwork, including the divorce petition. These will outline your grounds for separation and initial requests for custody, support, and property division.

Mediation & Negotiation

During these sessions, we’ll help you work toward agreements on critical issues such as child custody, spousal support, and the division of your assets. Ultimately, our goal is to prevent you from entering a long legal battle in court.

Settlement Agreements

Once you and your soon-to-be-former partner have agreed on the details, our legal team will finalize the settlement agreements addressing the details of the divorce.

Finalize the Divorce Decree

Once all terms are agreed upon, your attorney will finalize the divorce decree, present it to the court for approval, and ensure all legal formalities are properly completed.

Our Priorities for Clients

Parent-child relationship protection

Effective Negotiation

Hard-hitting, strategic negotiation is especially important in LGBTQ separations in which traditional rulings and procedures may not apply.

Achieve the Best Possible Outcomes

An Equitable Outcome

Our aim is always to achieve an equitable division of assets, fair custody arrangements, and justifiable support obligations that uphold our clients' rights and reflect their contributions to the marriage.

Divorce attorneys with sincere desire to assist you

Genuine Advocacy

Divorce is a massive life change, and we want you to know we’re in your corner. We’ll genuinely advocate for your best interests and promote outcomes that respect your identity, relationships, and circumstances.

Defend Your Rights in Your Same-Sex Divorce

Divorce can make anyone feel lost, confused, and overwhelmed. Know that you don’t have to do this alone – our Phoenix-based firm is here to help you face complex issues and understand your legal rights throughout the divorce proceedings.

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Frequently Asked Questions

Q.

How does same-sex divorce work?

A.

Same-sex divorce in Arizona follows a similar legal process to heterosexual divorces but may involve unique considerations. Couples must meet residency requirements and file for divorce based on Arizona’s no-fault grounds, such as irreconcilable differences.

Q.

How can mediation help in same-sex divorce?

A.

Same-sex divorce mediation offers a constructive alternative to litigation, facilitating open dialogue and negotiation between spouses with the help of a neutral mediator. It can address sensitive issues such as child custody, visitation schedules, financial support, and property division in a collaborative setting.

Mediation also allows couples to maintain control over decision-making rather than relying on a judge’s rulings. This approach is particularly beneficial for preserving amicable relationships post-divorce, which is crucial in LGBTQ communities where chosen family dynamics and community support play significant roles.

Furthermore, mediation also tends to be faster and less costly than traditional litigation, providing a more efficient path to resolution.

Q.

What are common complications that arise in same-sex divorce cases?

A.

Common complications in same-sex divorce cases are largely the same ones faced by heterosexual divorcing couples. They may include disputes over parental rights, especially for non-biological or non-adoptive parents, as well as challenges related to equitable division of assets accumulated before marriage equality.

Additionally, navigating complex or non-traditional family dynamics, such as shared custody arrangements or disagreements over support obligations, can require sensitivity and legal expertise.

Q.

How long does it take to get divorced?

A.

It depends on factors such as the complexity of issues, level of conflict, and court backlog. In straightforward cases where spouses agree on major issues and opt for mediation, the process can be completed in a few months.

However, contentious divorces involving disputes over children, property, or alimony may take considerably longer, potentially extending to a year or more if litigation is necessary.

Q.

Can you get a divorce without going to court in Arizona?

A.

Yes, it is possible to finalize a divorce without going to court in Arizona, especially through mediation or collaborative divorce processes. These methods allow couples to negotiate settlements outside of court with the guidance of attorneys and mediators.

Once agreements are reached on all issues, including child custody, support, property division, and alimony, the final divorce decree can be submitted to the court for approval without the need for a formal court appearance.

This approach not only saves time and reduces costs but also provides a more cooperative and less adversarial environment for resolving marital disputes.

Q.

Does it matter who files for divorce first in Arizona?

A.

In Arizona, the spouse who files for divorce first, known as the petitioner, generally holds some procedural advantages. They have control over the initial filing and can set the tone for negotiations and court proceedings.

However, being the first to file does not necessarily confer legal advantages in terms of the final divorce settlement. Arizona is a no-fault divorce state, meaning the court focuses on equitable distribution of marital assets, fair allocation of debts, and appropriate child custody and support arrangements regardless of who initiated the divorce.

Filing an LGBTQ Divorce in Phoenix? Let’s Talk.

Take the first step toward a fair resolution in your same-sex divorce. Reach out to our firm today for strategic legal guidance tailored to your unique separation and lifestyle.

Schedule Your Consultation
Book a Free Consulation with an Attorney

Call us at 623-294-2464 or contact us to schedule your consultation today.

GOODYEAR OFFICE
1616 North Litchfield Road, Suite 140, Goodvear, AZ 85395
Goodyear Office Location
PHOENIX OFFICE
20830 N Tatum Blvd, Suite 210 Phoenix, AZ 85050
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PEORIA OFFICE
14050 N 83rd Avenue Suite 290, Peoria, AZ 85381
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