Sad couple mad at each otherDo you wish there was something that could make your marriage disappear….like it never even happened??? Well you are in luck! Maybe.
An annulment dissolves a marriage, similar to a divorce, yet an annulment erases the marriage from existence. Some find this a more attractive option than divorce because of the apparent stigma being divorced carries. Still, not everyone qualifies for an annulment.
To begin with, there are two types of annulments: religious and civil. A religious annulment can only be granted in church and is not legally binding.
For purposes of discussing the qualifications for a legal annulment in New Mexico, we will focus on civil annulments. This is a court decree which can only be granted in certain circumstances.
The grounds for annulment in New Mexico are:
• One spouse was under 16 years old at the time of marriage;
• One spouse was under 18 years old and did not have consent to marry from a parent/guardian, at the time of the marriage;
• An illegal marriage due to the spouses having an incestuous relationship;
• Lack of mental capacity;
• Marriage based on fraud or misrepresentation;
• Marriage was a result of force or duress;
• Bigamy (one spouse was married to another person at the time of the marriage).
If you fit into one of those categories then the next stage is largely procedural. Before getting to that however; you should strongly consider consulting with an attorney and perhaps hiring one. For any legal process you may experience in your lifetime it is always wise to speak with a lawyer first. Dissolving a marriage, by any means, is significant.
Now onto the following steps. First, either you or your spouse has to be resident of New Mexico for at least six months. Then, one of you files a petition for annulment in the district court of the county where you or your spouse resides. The non-filing spouse gets served with the petition. Finally, you will go before a judge who will rule on whether to grant the requested annulment.
One note, if there are child custody/support issues or assets that need to be divided, such as property, that is a separate issue. The court would adjudicate that as it would in a divorce proceeding.
When an annulment is granted it is declared void under the law.
Call Lightning Legal Group for your annulment, divorce, or any other family law questions. Our expert attorneys will give you their best advice and guidance. Schedule a free consultation today by calling 505-247-2390.

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