Does Same-sex Divorce Differ from Opposite-Sex Divorce? - PowerPoint PPT Presentation

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Does Same-sex Divorce Differ from Opposite-Sex Divorce?

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Same-sex marriage rights are still new across the U.S. In Arizona, same-sex couples have only been legally allowed to get married or have out-of-state marriages recognized for three years. As states adjust to these rights being upheld, their laws need to be updated to comply with Obergefell v. Hodges. – PowerPoint PPT presentation

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Title: Does Same-sex Divorce Differ from Opposite-Sex Divorce?


1
Does Same-sex Divorce Differ from Opposite-Sex
Divorce?
2
Same-sex marriage rights are still new across the
U.S. In Arizona, same-sex couples have only been
legally allowed to get married or have
out-of-state marriages recognized for three
years. As states adjust to these rights being
upheld, their laws need to be updated to comply
with Obergefell v. Hodges.   With the right to
get married also comes the right to get divorced.
How do these divorces differ from those of
opposite-sex couples?   In Arizona, divorces
should not differ much. Arizona is a no-fault
divorce state, so couples simply need to give the
reason that the marriage is irretrievably
broken. This is the legal way of saying the
marriage cant be repaired.   However, some of
the statutes in Arizona still mention husband
and wife or define marriage as between a man and
woman, and the courts have had to make decisions
to reconcile those statutes with Obergefell v.
Hodges. Inconsistent to deny benefits to
same-sex couples The Arizona Supreme Court did
this earlier in 2017 when it ruled that a lesbian
woman who was divorcing her spouse was entitled
to equal parental rights under the U.S.
Constitution.
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The case stemmed from an artificial insemination
law, which assumes the man in a marriage is the
father of a child born within 10 months of
marriage. That law did not establish rights for
the non-biological parent of the same sex,
however. Arizona Chief Justice Scott Bales wrote
in his opinion that, "It would be inconsistent
with Obergefell to conclude that same-sex couples
can legally marry but states can then deny them
the same benefits of marriage afforded
opposite-sex couples." The court ruling also
suggested that the state laws that are
inconsistent with Obergefell will need to be
rewritten to avoid case-by-case litigation. As
these laws are being rewritten, same-sex couples
looking for advice on how to handle their
divorces can talk to an experienced family law
attorney to keep up with the changes and how they
apply to individual divorces. The end result,
hopefully, is that Arizona law wording will soon
match federal requirements and state marriages
and divorces will be treated equally. Article
Resource - https//www.attorneys-arizonablog.com/2
017/12/does-same-sex-divorce-differ-from-opposite-
sex-divorce.shtml
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