Judge unseals Ruben Gallego divorce filing that has hovered over Arizona senate race

Newly unsealed divorce records reveal U.S. Senate hopeful Ruben Gallego petitioned to end his marriage with Phoenix Mayor Kate Gallego in 2016.

The nearly year-long court battle to have those records unsealed has hovered over the Democratic congressman’s campaign for an open Senate seat in Arizona, as well as his ex-wife’s own campaign for reelection in Phoenix.

The partially redacted documents show Gallego claimed in December 2016 the marriage was “irretrievably broken.” Both Ruben and Kate Gallego acknowledged in court filings that there was no domestic violence during their marriage – language required to be included in all divorces involving a child in Arizona – while also agreeing to a plan to co-parent their son.

Both parents, the court found, recognized “the love, devotion and dedication of the other to the minor child,” according to the records.

One divorce lawyer in Arizona described the filings as an amicable split by the couple. Even Yavapai County Superior Court Judge John Napper, who ordered the documents unsealed, has described the case as “one of the most garden variety divorce files I have ever seen.”

That reality is a far cry from what Gallego’s GOP rival in the race, Kari Lake, has hyped as an explosive and potentially damaging revelation less than a month before the election.

In a joint statement released after the documents were unsealed, Ruben and Kate Gallego demanded an apology from Lake, who ran ads deriding the Arizona congressman as a “deadbeat dad” who “abandoned his family” shortly before Kate Gallego gave birth to their son.

“We demand an apology from Kari Lake for lying about our family and the circumstances of our divorce,” the Gallegos said. “She will stop at nothing to score a cheap political point – even if it meant endangering the privacy and well-being of our young son.”

“We have long put our child before all else and will continue to do so. The judge in this case has recognized how standard the records are, and it is shameful that Lake, her allies, and those who amplify her cruelty refuse to respect two people who are just trying to raise a beautiful boy together.”

The Lake campaign did not respond to a request for comment, but has denied any involvement in the legal battle to unseal the Gallegos' divorce filings.

The Washington Free Beacon, a conservative news organization, filed a lawsuit seeking the records in January.

Attorneys for the Beacon argued in court that the judge erred years ago in sealing the divorce records. At the time, a judge found that the privacy interests of both Ruben and Kate Gallego – then a new congressman and Phoenix City councilwoman, respectively – outweighed Arizona’s general open records policy.

Attorneys for the Beacon have said in court that it sought the records because they “reflect the character and behavior of a public figure holding and running for federal office,” as well as details concerning the mayor of one of the nation’s largest cities.

Together, the Gallegos fought the Beacon at every step, first to prevent the release of the records entirely, then to redact portions of the divorce filings – to protect the privacy and safety of their son, they argued.

Michael Edney, an attorney for the Beacon, called the release of the records “an important victory for the First Amendment and the freedom of the press.” 

“Court records are presumptively public, and there is no special exception for aspiring Senators,” he added.

The Yavapai County Superior Court judge who ordered the records unsealed did agree to redact some portions of the divorce filings, including details about their son and financial information.

The rest, the judge declared, was subject to public record.

What remains unredacted shows a relatively speedy and clearly amicable separation, according to Thea Gilbert, a Tucson-based attorney who specializes in divorces and family law. It’s likely the Gallegos had agreed to most of the terms of their separation before filing for divorce, she said.

“Very amicable divorces, this is the typical process,” she said.