Advocacy For Same-Sex Couples In Arizona
If you waited a lifetime for your choice to marry the person you love most, you likely joined in the celebration across the country after Justice Kennedy’s opinion in Obergefell v. Hodges granting same-sex partners across the country the right to marry.
You may now wonder how far those rights extend. Knowing and understanding your rights in a same-sex marriage will enable you to ensure those liberties are protected as you start and raise your family.
You may also find yourself in a position where you are facing the challenges of a separation and would like to understand your community property rights in real property, retirement, and other financial accounts. You may share real property with your spouse that was purchased prior to marriage and wish to know whether you have an interest in the property (“equitable lien”). These are all questions that RPM Law can answer for you.
An Arizona Legal Team Well-Versed In LGBT Rights
At RPM Law, our lawyers are well-versed in all aspects of LGBT family law. We are dedicated to helping you enjoy the full benefits of your relationship as a legally married couple in Arizona.
Not only do you have the same right to marry as an opposite-sex couple, but you can exercise all the privileges included in marriage. This means you may own property jointly, enjoy certain tax benefits and rely on your spouse’s health insurance. You may also take advantage of federal laws permitting time off if your spouse becomes ill.
Are Children In Your Future?
Perhaps the most precious right you and your spouse can now enjoy is the privilege of sharing equally the rights and responsibilities of having a child. In some circumstances under Arizona Law you may be eligible to legally adopt a child. Arizona recognizes stepparent adoptions or an adoption jointly as a married same sex couple. In Arizona you cannot jointly adopt if you are not married.
You and your significant other or spouse may be considering building a family through assisted reproduction and there are various legal steps that need to be checked to ensure your parental rights are protected.
Additionally, if your spouse gives birth to a child, you have the same parental rights as a married couple. This means that the law the law presumes you are the child’s legal parent with rights to Parenting Time and Legal Decision-Making.
If your family is separating, you may be worried about your parental rights to your child if they were born while you were not married and they are not biologically connected to you. In Arizona, you may have Third-Party rights to visitation with this child. In some cases, if the child is in danger with the other parent, you may be entitled to Legal Decision-Making and primary Residential Parenting Time rights. The Court will look at the emotional and psychological connection you have with your child, the role you had in your child’s life acting as a parent, and then make a determination of whether continued contact and scheduled visitation is in the child’s best interest.
All the rights of an opposite-sex married couple extend to same-sex couples in the military as well. If your spouse is in the military, you should receive an ID card, health care benefits and access to the Commissary and Exchange, just like any other spouse.
RPM Law is here to support you in defending these rights, no matter what your future brings. Our team has the experience necessary to present your case to the Court.
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Of course, rights on paper are not the same as rights upheld. If your benefits as a same-sex are denied, you do not have to sit back and take it.