For many people, an annulment can seem like a very attractive way to “erase” your marriage. However, an annulment isn’t for every couple, even if you’ve been married a very short time, the requirements for actually getting one are pretty strict and apply to relatively few couples. Every case is different so to determine if you are eligible for an annulment, you’ll need to contact Genus Law directly, but this brief overview of the requirements should help you understand your options better.
What is an Annulment?
Like a divorce, an annulment is a court procedure that dissolves a marriage. Unlike a divorce, however, an annulment treats the marriage like it never happened. It essentially voids the marriage for all legal purposes and in most records. If you have children, they are still considered “legitimate” and both parties will be treated as parents would in a divorce, meaning custody and timesharing still need to be addressed.
What are the Requirements for an Annulment in New Mexico?
New Mexico has a very narrow and strict set of requirements for granting an annulment. You can only get an annulment if:
1. One or both parties were married under the age of 16.
2. One or both of the parties were under the age of 18 at the time of the marriage and married without the consent of their parents or guardians.
3. The marriage was illegal because the parties are too closely related
4. One or both of the parties were married before the date of marriage (bigamy)
How do I get an Annulment?
In order to obtain an annulment in New Mexico, one or both parties must be residents of New Mexico for at least 6 months. You then must draft and file a petition in the relevant district court. The petition must include both party’s personal information, the fact surrounding the marriage (and the children if any) and the grounds for the annulment. Even if you meet one or more of the requirements, it’s still important to work with an attorney who can draft the proper documents and help you both divide the marital property and create a parenting plan if needed.
More than likely, you will probably need to get divorced. However, if the length of marriage is relatively short and there aren't a lot of property issues to deal with, you can probably get an uncontested divorce, which will still simplify things.
If you think an annulment is right for your situation, call Genus Law today to see if you qualify so we can start solving your problem today!