A divorce ends a legal marriage. An annulment also ends a marriage. However, to get an annulment, you need to convince the court the union was never legal or valid.
According to New Mexico law, you may seek an annulment if:
- A minor spouse married without parental consent. The court may grant an annulment if the spouse under age 18, that spouse's parent or guardian, or a district attorney requested the annulment. The spouse over age 18 may not ask for an annulment. Additionally, if two minors marry and live together until they're 18, the union can no longer be annulled.
- The spouses are too closely related. New Mexico law prohibits marriages between grandparents and grandchildren, siblings (including half-siblings), and uncles or aunts with nieces or nephews. These marriages may be annulled.
Additionally, the court may grant an annulment for a reason recognized through prior case law, even if that reason isn't explicitly included in the New Mexico annulment statutes. For example, a judge may decide to grant an annulment if:
- One spouse has a significant mental illness
- The marriage was coerced
- The spouses are unable to consummate the marriage physically
- There's an issue of bigamy
How to Get an Annulment in New Mexico
If you qualify for an annulment, you must:
- Complete the required forms
- File these forms with the court
- Serve forms on the other spouse
- Schedule a court hearing so a judge can hear the evidence supporting your request for an annulment and rule on it
Sometimes, an annulment is the best legal option for a marriage that never should have happened. Other times, you'll need to end your marriage with a divorce. Either way, the family law attorneys of Genus Law Group can help achieve your goals. Contact us today to learn more.