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Albuquerque Same-Sex Divorce Lawyers

Divorce is an emotional and challenging ordeal for most couples in Albuquerque. 

For same-sex couples, the challenges can be even greater as it’s not always easy to find legal representation with the necessary experience to understand and solve the most common legal disputes involved.

At the New Mexico Legal Group, we have the specific skills and expertise that can only be acquired from representing LGBT couples in family law disputes. 

We have been doing this since same-sex marriage was recognized here in 2013.

Our lawyers provide a listening ear and the legal strategy you need to avoid conflict, defend your interests, and obtain the outcome you want to move on with your life after divorce.

Compassionate and committed divorce law services for the LGBT community

Lesbian, gay, bisexual and transgender (LGBT) individuals who are married, in common-law relationships, or in civil partnerships from other states face the same issues as other married couples when they separate.

New Mexico domestic relations law covers LGBT marriages but domestic partnerships and civil unions made in other states frequently run into problems here. These issues can be solved with the help of our lawyers. 

Providing you meet some basic requirements of residency, you can divorce or get legally separated in New Mexico, regardless of whether you were married here, in another state or in another country. 

In any marriage, the most common legal issues with separation are generally:

  • Property, asset, and debt division
  • Child custody and parenting arrangements
  • Child support
  • Spousal support (alimony)

Our LGBT divorce law services cover the complete range of possibilities if you are currently going through a separation or planning a divorce. Our attorneys have worked with same-sex couples in collaborative divorces, as well as in mediated and arbitrated divorces. 

Where no mutual agreement is possible, we have also represented same-sex partners in trials within the Albuquerque family court system.

Divorce services for LGBT couples

Whether you and your partner have mutually decided to go your separate ways or one party is filing for divorce against the other, attempting to go about it without legal assistance is often inadvisable – even if a prenuptial or postnuptial agreement is in place.

Even in amicable separations, agreements need to be drawn up and made legally enforceable or problems can arise later.

Our same-sex divorce lawyers can assist with the following divorce services…

Legal separation 

LGBT couples may choose legal separation as an interim step to see whether they really want to divorce or if they can settle their differences and reconcile.

Couples may want to experiment by separating finances and property but still retain certain benefits provided by their married status, including healthcare, government or insurance benefits.

Note that if one partner has not been resident in New Mexico for at least six months, you cannot get divorced here. Legal separation may be a good interim option in this situation. 

Uncontested divorce

An uncontested divorce is possible where a couple agrees on all the major aspects of divorce (property division, support, custody, etc.) 

This is generally the most desirable, most cost-effective, and least stressful form of divorce but you need to ensure that you are getting what you deserve.

In these cases, we can help by providing assistance to draw up a legal agreement that outlines all the key decisions that you and your partner make. We will ensure that it is legally enforceable and submit it to the family court of New Mexico for review.

Collaborative divorce

Often in discussions about the terms of the divorce, same-sex couples cannot agree but are prepared to work together to negotiate a settlement.

Collaborative divorce is when each spouse hires a divorce lawyer. These lawyers work together alongside the couple until a favorable out-of-court agreement is reached.

Mediated or arbitrated divorce

Same-sex couples with serious differences may not be able to agree even with a collaborative approach. 

However, they may still want to settle matters out of court. This is where a mediator or arbitrator can step in to assist.

In a mediated divorce, the couple hires a qualified mediator (who may be a lawyer) to attempt to guide the couple towards a settlement. Importantly, though, the final decisions still rest with the couple.

In an arbitrated divorce, the couple hires a professional arbitrator and agree to abide by the judgement of the arbitrator for all outstanding matters in the divorce.

Each of these options can expedite a divorce case and limit the costs as the case is kept out of the courtroom.

Contested divorce

A contested divorce is where a couple is unable to reach an agreement on one or more of the divorce issues – often multiple issues are involved 

The divorcing couple may have used both informal and formal processes (mediation and lawyer collaboration) to try to reach a settlement but without success.

In such cases, the divorce is settled in the family court. A judge will then be responsible for making the final decisions on the disputed issues and the outcome is out of your hands.

Why are our LGBT divorce lawyers right for you?

Unfortunately, divorces frequently turn lives upside down in New Mexico. Confusion with the various laws relating to LGBT couples in the U.S. can confuse matters further.

We believe that all separating couples should be able to face the future with maximum confidence and minimal conflict.

Our same-sex divorce lawyers can provide the specialist legal assistance to help you do that. 

Not only will we support you in settling the key financial matters but you will find us compassionate and sensitive enough to understand the issues that you are facing and seeking resolution for.

As potential collaborators, mediators or litigators, the lawyers at New Mexico Legal Group are committed to helping you understand your rights, protect your interests, and move on.

Start by calling us at 505.876.9175 to arrange a free case evaluation.

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