Saturday, July 23, 2016

DOMESTIC PARTNERSHIPS IN ARIZONA

I have recently been asked, by a number of people, whether Arizona recognizes Domestic Partnerships, and how it compares to marital rights.   Domestic partnerships are recognized in Arizona, but only for limited purposes, such as where a patient in a hospital is unable to make or communicate healthcare treatment decisions.  Arizona Revised Statutes §36-3231 provides that, in cases where the patient is unmarried, a domestic partner may be allowed to act as a surrogate.  Certain cities in Arizona recognize domestic partnerships and have registries where partners can file a declaration of domestic partnership or a civil union, but their rights are generally restricted to visiting the other partner in a hospital or health care facility.  Some insurance companies provide options for domestic partners, and others don't.  You would have to contact your insurance company to determine what, if any, benefits are provided. 

It is important to note that there is no law in Arizona giving domestic partners the same or similar rights as a couple who is married.  By law, married couples in Arizona have inheritance rights; the right to be covered on health insurance policies; the right to make healthcare decisions for a spouse under certain circumstances; and, in the event of a divorce, the right to a fair division of community property, the right to receive spousal maintenance (if they qualify under the statute), and parental rights.  For domestic partners, however, none of those things are automatic, and some of them (such as a community property division, and receiving spousal maintenance) are precluded under Arizona law.   

Now that both heterosexual and same-sex couples have the right to marry in Arizona and all other states, domestic partnerships and civil unions are not as favored, and the development of laws around these forms of partnership has slowed.  A marriage provides far more legal protection than a domestic partnership, a civil union, or cohabitation.  

If you have questions about domestic partnership law and your legal rights, I suggest that you make an appointment for a consultation with a Family Law attorney.   


Gary Frank & Jacinda Chen


                      
Gary J. Frank is an attorney and mediator with over thirty years of Family Law experience in dealing in divorcecustody, and parenting issues. For many years he acted as a Judge Pro Tempore in the Maricopa County Superior Court, which gave him an insight into the inner workings of the courts that many attorneys lack.  In addition to representing Family Law clients in litigation, we are also willing to help people by working with them on a Limited-Scope or Consultation-Only basis.  Our office is located in the Biltmore area of central Phoenix, with satellite offices in Scottsdale and Paradise Valley, Arizona.  We can be reached by telephone (602-383-3610); or by email at gary.frank@azbar.org.  You can also reach us through our website at www.garyfranklaw.com.  If you are in need of a consultation regarding any area of Family Law, contact us today.  We’d be happy to help.

Tuesday, July 12, 2016

SAME-SEX FAMILY LAW -- WE CAN PROTECT YOUR INTERESTS

Our attorney, Gary Frank, has long been a staunch supporter of civil rights, including marital rights for the LGBT community.  Now that same-sex marriage is finally a reality, it is important for gay and lesbian couples to understand their new rights, and how to protect themselves in the unfortunate event that a divorce or separation occurs.

We can help you preserve your property before a marriage takes place by preparing a Prenuptial Agreement.  And we can protect you throughout the divorce process by making sure you receive a fair division of property; and that spousal maintenance is awarded if a party is entitled to it under Arizona law.  If you have children, we will work hard to ensure that you come away with a legal decision-making and parenting-time plan that is in their best interests and yours, and that child support is included. 

If divorce is inevitable, it is always a good idea to explore peaceful alternatives as a first option, before jumping headlong into an adversarial and often expensive litigation.  Mediation and collaborative divorce are two such options.  Mr. Frank is a compassionate mediator with many years of experience working with families, including LGBT couples. 

When acting as a divorce attorney, Mr. Frank encourages his clients to engage in mediation.  He will help you choose a top-notch mediator and he’ll guide you through the process, giving you the best odds of a favorable outcome.  But while mediation is often successful it does not always result in a settlement, and sometimes divorcing parties have no choice but to turn to the courts to resolve their issues.  In that scenario, Mr. Frank is a strong and experienced Family Law litigator who will fight to protect your interests.   


If you are in need of representation, or even if you’d just like a consultation to learn about your legal rights, please do not hesitate to contact us. You can reach the Law Firm of Gary J. Frank P.C. by telephone at 602-383-3610, or by email at gary.frank@azbar.org.  We’d be happy to help you.