Same-Sex Divorce FAQ

Yes. Arizona has recognized same-sex marriages since October 17, 2014, and nationwide recognition was established by the U.S. Supreme Court's Obergefell v. Hodges decision on June 26, 2015. Arizona courts will dissolve a same-sex marriage just as they would any other marriage, applying the same laws and procedures for division of property, spousal maintenance, and parenting.

At least one spouse must have been a resident of Arizona for a minimum of 90 days before filing the Petition for Dissolution of Marriage. If you were married in another state but now live in Arizona, you can still file here as long as the residency requirement is met. You will file in the Superior Court of the county where either you or your spouse currently resides.

Arizona is a no-fault divorce state, meaning the only required ground for dissolution is an 'irretrievable breakdown of the marriage.' Neither spouse needs to prove wrongdoing or assign blame. Simply stating that the marriage is irretrievably broken is sufficient for the court to grant the dissolution.

Yes. Arizona imposes a mandatory 60-day waiting period from the date the respondent spouse is served with divorce papers before the court can finalize the dissolution. This applies to all divorces, including same-sex dissolutions. In practice, contested cases or complex property situations can take considerably longer.

Yes. Arizona courts will recognize your out-of-state same-sex marriage and dissolve it, provided at least one of you meets the 90-day residency requirement. The date your marriage was legally performed in the other state is generally used as the marriage date for legal purposes, which can affect how community property is calculated.

Arizona is a community property state, meaning all assets and debts acquired during the marriage are presumed to be jointly owned and are divided equitably upon dissolution. This presumption applies equally to same-sex marriages. Each spouse generally retains their separate property — assets owned before the marriage or received as a gift or inheritance — while marital assets are divided.

Assets acquired before your legal marriage date are typically considered separate property and are not automatically subject to community property division. If you acquired significant assets together before marrying — sometimes called pre-Obergefell relationship assets — you may need to negotiate a settlement or provide documentation to establish ownership. An LGBTQ+-affirming family law attorney can help you navigate these often complex tracing arguments.

Generally, Arizona courts will look to the date of the legal marriage ceremony performed in the other state as the starting point for community property calculations. However, because Arizona did not recognize same-sex marriages until October 17, 2014, there can be ambiguity around assets acquired between the out-of-state marriage date and Arizona's recognition date. This is a nuanced area of law where legal guidance is strongly recommended.

Yes. Arizona courts may award spousal maintenance to either spouse in a same-sex dissolution, just as in any other divorce. The court considers factors such as the length of the marriage, each spouse's earning capacity, standard of living during the marriage, and financial need. Because same-sex couples may have long cohabitation periods before legal marriage, the recognized marriage length — rather than total time together — is typically used to evaluate duration of maintenance.

Costs vary widely depending on complexity. A DIY uncontested dissolution typically runs $400–$600 in court filing fees. Attorney-assisted uncontested divorces generally cost $1,500–$3,500, while contested divorces — especially those involving property tracing or custody disputes — can range from $15,000 to $30,000 or more. Same-sex divorces with pre-Obergefell property complexity or parenting disputes may trend toward the higher end of these ranges.

Parentage for non-biological parents in a same-sex divorce can be legally complex. If the non-biological parent was not listed on the birth certificate or did not formally adopt the child, their parental rights may not be automatically recognized under Arizona law. It is critical to address parentage through a court order — either during the marriage or as part of the dissolution — to secure legal decision-making authority and parenting time.

A Parenting Plan is a written agreement required in all Arizona divorces involving minor children. It must address legal decision-making (the right to make major decisions about education, healthcare, and religion) and parenting time (the schedule for when each parent is with the child). Both same-sex parents who have established legal parentage must submit a Parenting Plan, and courts will evaluate it based on the best interests of the child.

Under Arizona law, a parent wishing to relocate with a child must provide the other parent at least 45 days' written notice before the intended move. The non-relocating parent has the right to petition the court to prevent the relocation. The court will decide based on the best interests of the child, considering the impact on the parenting time relationship with both parents.

Several organizations in Arizona offer LGBTQ+-affirming legal assistance and referrals, including the Southern Arizona Gender Alliance, One•n•Ten, and the National Center for Lesbian Rights. The State Bar of Arizona's Lawyer Referral Service can also connect you with family law attorneys experienced in same-sex dissolutions. Seeking an attorney who is knowledgeable about both Arizona family law and LGBTQ+ legal nuances is strongly recommended for cases involving property tracing or non-biological parenting.

Yes. Arizona is one of only three states that offer covenant marriage, and same-sex couples can enter into a covenant marriage. If you are in an Arizona covenant marriage, the grounds and process for dissolution are more restrictive — you must meet specific fault-based grounds (such as adultery, abuse, or a lengthy separation period) and complete counseling before the court will grant a divorce. If you are unsure whether your marriage is a covenant marriage, check your marriage license or certificate.