Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In New Mexico, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and responsibilities regarding marriage and divorce as opposite-sex couples. This means that the legal process for obtaining a divorce, including the division of assets, alimony, and the determination of child support, is the same regardless of the gender of the spouses. However, same-sex couples may face additional challenges in divorce, particularly concerning child custody. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent who did not legally adopt the child or the biological father did not relinquish his parental rights, the non-biological parent may face difficulties in asserting custody rights. In such cases, it is crucial for non-biological parents to understand their legal position and potentially seek a formal adoption or court judgment of parentage to secure their parental rights. An attorney specializing in family law can provide guidance specific to these complexities in New Mexico.