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New Mexico Divorce Guide

Annulment

A marriage annulment renders a marriage void, illegal and should never have taken place. The process of getting an annulment is similar to divorce and separation in that one petitions the court and serves the other party. Annulments tend to be more difficult to obtain because one must prove conditions for annulment existed during the marriage ceremony or subsequent to that. Grounds include:

  • Fraud – If your spouse has married you by employing fraud or misrepresented him or herself
  • Physical Disability – you can file for annulment if your spouse has some physical disability and it is adversely bearing on your marriage
  • Duress – If you were threatened or forced into a marriage
  • Mental Incapacity – annulment is permitted if your spouse is mentally ill and it is adversely affecting your married life
  • Underage – one of you (or both) were under the age of 16 when married
  • Minor without consent – one of you (or both) were under the age of 18 when married and did not have consent from your parent or guardian.

You or your spouse must be a resident of New Mexico for at least 6 months to file for an annulment. The filing must occur in the District Court in the county where you or your spouse resides.

[New Mexico Statutes – Article 4 – Sections: 40-1-7, 40-1-9.1]

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