2015 Mountain Rd NW, Albuquerque, NM 87104 (505) 247-3335

Same Sex Marriage in New Mexico

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Same Sex Marriage in New Mexico is now recognized, legal and binding.  So, now you need to look at a premarital agreement.

In 2013 the United States Supreme Court found the Defense of Marriage unconstitutional. Since that time, more and more states have legalized same sex marriages.

New Mexico took a front seat in adapting this law and adding a number of laws favorable to same-sex marriages. New Mexico will treat same-sex marriage as any other marriage.

Since same-sex marriage is now legal, the considerations below can apply equally to all marriages. However, some apply more to same-sex marriages because of the exclusive issues that these marriages bring about.

A pre-marital or prenuptial agreement, is a good place to begin your wedding planning, especially when there is a significant difference in assets and income between partners.

Another reason for a pre-marital agreement is if you have children from an earlier heterosexual marriage. You will want to protect your children’s assets and best interests, especially if they are still minors, in case of a legal separation or sudden death.

Although more and more states are legalizing and recognizing same-sex marriages, your extended family may not. In case of a sudden death, a pre-marital agreement will protect your spouse’s future and interest.
Make sure your will reflects your current marriage and any provisions you would like to make for your spouse and children. A will can also assure that your assets will be divided equally among your loved ones.

Once you are married to a same-gender partner you will have to decide how to file taxes. Will you file jointly or separately? There is also the consideration of bequeathing your estate to your partner and the consequences of death taxes.

Consult an Experienced Family Law Attorney

Even though the federal government has recognized same-sex marriages in most of the states, you should consult with an attorney in your state about your legal rights of marriage. In New Mexico, same-sex marriage licenses are being issued and the marriages are recognized.

Every state is different and if you enter into a same-sex marriage in one state then move to a different state, you may need to ascertain if the state you relocated to will recognize your marriage.

Do you have questions regarding a prenuptial agreement or other family matters? Do not hesitate to contact PJ Hartman online or by calling 505-247-3335 or 505-247-3335. Credit cards are accepted, and attorneys’ fees are competitive. The office is conveniently located right off of I-40 in downtown Albuquerque, near the courthouse.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]