How to Get a Marriage Annulment in New Mexico
Getting either a divorce or an annulment can often be a difficult and time-consuming process. If you can get an annulment in New Mexico, it's the better of the two options. With an annulment, you're allowed to keep most of your assets because your marriage may never have been valid.
Unfortunately, many people don't know that they're even eligible for a marriage annulment. While annulment requirements are typically very limited, that doesn't mean that you shouldn't take advantage of them. If you're not sure how to get started on your own, DoNotPay is here to guide you.
What Does an Annulment Look Like in New Mexico?
If your union falls into the category of "prohibited marriages", you can receive an annulment in New Mexico rather than a divorce. This is usually when one person marries another either illegally or under pretenses.
For example, say that you discovered that your husband has been married to another person for three years. Maybe they deceived you intentionally, or they ever bothered to get a divorce with the other spouse. In either case, you qualify for an annulment because the marriage was never legitimate.
People who were minors at the time of the marriage can also ask for annulments, even if they have reached legal age. This usually happens when
- one or both of the married parties were under 18
- Someone in the marriage was under 16
- Minors did not receive written consent from both parents before the marriage
Many marriages within the family are also illegitimate, but there are exceptions. For example, first cousins can be legally married in New Mexico as long as both parties consent.
Annulment Requirements in New Mexico
Because annulments typically have more benefits compared to divorces, annulment laws are usually very strict. If you're wondering whether you qualify, here's a simple cheat sheet:
|State Codes||NM Stat. Ann. § 40-1-6, 40-1-7, 40-1-9|
|Invalid Marriages||Bigamous, closely related (as underlined by New Mexico law), common-law, most underage unions|
|Legal Method for Annulment||Court order|
|Statute of Limitations:||Typically at least six months after the "marriage" took place, but there is no time limit|
The Annulment Process in New Mexico
If you'd like to start the annulment process yourself, you should:
- File a petition for annulment in the county where you and your current spouse reside. Application fees vary by county, but it's usually around $100-$400.
- Detail your reasons for seeking an annulment in the form.
- Find someone to deliver your petition to your spouse. To be a legitimate courier, they must complete an Affidavit of Service form and file it with the court separately.
- Have the petition served to your current spouse.
- Appear in court before a judge, who will decide if the annulment is truly valid.
Even if your marriage should not have happened, you still have to prove that in court. Many people can struggle to write convincing pleas to the judge, even with good evidence.
The petition for annulment has to be served to your current spouse in person, and you can't do it by yourself. If you fail to follow those rules, your spouse can contest that the annulment isn't legitimate.
Paperwork and court cost aside, going through an annulment are also very emotionally taxing for both parties. In my many annulments, both parties are still on good terms with each other. One party might put off filing an annulment for fear of damaging that relationship.
Even if you don't like your current spouse, dealing with an annulment can also be difficult. If you were married as a minor, your spouse may be your only source of financial support. The idea of trying to find additional resources for housing and other basic needs can be too overwhelming.
What Happens After an Annulment in New Mexico?
If your annulment is successful, here's what you can expect:
- Your marriage is immediately declared void by the state
- The judge can distribute any assets the two of you share (if needed)
- If children are involved, the judge can make child support and custody rulings
- Any children you had with your former spouse are still considered legitimate under NM law
The Faster New Mexico Annulment Process With DoNotPay
Unfortunately, it's common for many annulment processes to fail due to misunderstandings of marriage laws. That's why anyone looking to file an annulment should use a specialized service like DoNotPay.
It only takes 3 steps to get an annulment in New Mexico through DoNotPay:
- Search for Annulment on the DoNotPay website.
- Kick-off the process to see if your marriage is eligible for an annulment.
- Answer some specific questions about your marriage and see if your state law allows for an annulment.
DoNotPay Can Handle Annulments Anywhere
The marriage annulment process is far from universal. Some states have fewer requirements for an annulment, while others have strict statutes of limitations. Fortunately, DoNotPay's Annul My Marriage product works in every state.
DoNotPay is Your Go-To Solution for Any Problem
It's normal to struggle with adjusting to life after an annulment. DoNotPay can make the transition easier with other effective solutions, including
- Discount locators for newly-single parents
- Finding new schools if you need to relocate
- Stalking and harassment protection from jaded spouses
- Getting your married name removed from any website
Whether you've already gotten an annulment or need a fresh start, visit DoNotPay to learn more.