New Mexico has officially recognized same-sex marriage since 2013 with the passage of a Supreme Court ruling. This means that same-sex divorce is also legal.

If you are considering divorce in an LGBT relationship, you may find that it comes with some complications. This guide will help you sort through some of those complications.

Why Has LGBT Divorce Been So Complicated?

Fortunately, in 2015, the Supreme Court ruled to make LGBT marriage legal in all states, which makes divorce less complicated than it had been before. In the days before nationwide legalization of same-sex marriage, LGBT spouses often had destination weddings in places where they could legally marry.

When parents divorce, their top priority should be co-parenting their children with success. Although divorce is difficult on you and your former spouse, you still have to come together and create a healthy co-parenting atmosphere for the health and well-being of your children. The following are some tips you as co-parents can consider when moving forward.

Figure Out a Healthy Communication Mechanism

For many couples who divorce, communication can be difficult. When all is said and done, you both have to move past any difficult feelings and communicate effectively where your children are concerned.

Children are not just spectators during a divorce. The separation is a life-changing experience for a child. The process can cause fear, anger, and guilt. Parents must remember that their own pain cannot take priority over parental responsibilities. The choices they make and how they involve the children in the divorce can determine the emotional well-being of their child.

What They Need

Consistency and safety are the concerns of most children. Kids want to know they will still have their parents, grandparents, and friends. Most will worry about where they will live, if they can keep their things, and what will happen with family pets. Parents need to answer as honestly as they can without empty promises or dire predictions.

Adoption is a fantastic option for many people who want a new member of the family. Typically, the birth parent will choose the type of adoption and then look for adoptive parents who meet that standard. What is left for you to decide as the adopting parent is which option is ideal for your family.

Are you unsure if an open or closed adoption is for you? Both present different legal and social challenges. This guide can help you make a decision for your family.

Understanding Open Adoption

Nobody likes to be the first person to call it quits, especially when you are dealing with an arrangementas complicated and emotional as a marriage. However, in terms of finances and legal ramifications, sometimes it pays to be the one to get the ball rolling. Here are three big advantages of being the first to file for divorce.

1. Organize Your Finances

It’s no secret that divorces can be incredibly emotional, especially in situations where spouses are worried about their financial future. Fortunately, by making the decision of when to file and taking matters into your own hands, you can get all of your financial ducks in a row before you have to disclose your assets in court.

Do you feel as though you’re paying too much in child support? Or are you a custodial parent who isn’t getting paid enough? Child support orders can be modified, but a modification has to be requested first. Child support is not automatically modified based on changes to your income or your lifestyle; the court has to be consulted on each change.

Here are a few reasons why you might want to modify your child support order – or why the court might modify it for you at the request of your ex-spouse.

After the birth of a baby, the names of the father and mother are placed on the birth certificate. However, this does not always mean both the mother and father are the legal parents. Sometimes a person must exert legal influence to claim true parentage.

Here’s what you need to know about establishing your legal parental right.

Following a divorce, you may find yourself confused about the financial decisions you now face. For instance, you may be paying or receiving child support or alimony payments. Or maybe you have to seek new or better employment to pay for the basic expenses your former spouse’s income covered.
Are you taking the first steps toward financial freedom following a divorce? Are you unsure of how to move forward? These steps will help you move forward in post-marriage life.

1. Separate Your Finances
After your divorce, it is smart to remove your name and information from joint bank and credit accounts. You should open new accounts under your name.

At this time, you might also want to remove your ex-spouse from other accounts, including your life insurance and health insurance if necessary. You might also want to make changes to your legal documents, like your medical directives, power of attorney, and living will.

When you and your spouse decide to divorce, the goal should be to leave the marriage as equally and peacefully as possible. If you have an amicable relationship without any significant complexities, you may want to consider mediation. Mediation is a way to divorce without going through a traditional court trial. The process is less expensive and faster than a divorce in court.

Mediation is a great way to end a marriage when you and your spouse agree on your divorce terms and can discuss things that you do not see eye to eye on. If you decide to go with mediation, consider some of these tips to ensure a successful process.

Make a Plan in Advance
Mediation allows you and your spouse to discuss the terms of your divorce and make your own decisions. The process is generally simple and straightforward, but you still need to make a plan ahead of time. You need to know exactly what you want regarding child support, alimony, and the like.

Up to 50% of marriages unfortunately end in divorce. Instead of trying to handle all the divorce complexities yourself, you should hire a lawyer to help you.

Consider these four signs that you need a divorce lawyer to assist you through this trying and confusing time. Even if your divorce doesn’t go to trial, having a divorce lawyer to guide you through the process is highly recommended.

1. You Share Children in Common

You and your soon-to-be ex-spouse can draw up a parenting plan to have the courts approve to determine who gets the children and what the custody rights are. Dividing fair parenting time between you two for holidays, birthdays, summer vacation, and other important events is clear with a parenting plan.