An annulment is different from a divorce. A divorce terminates a marriage but an annulment states that the marriage was illegal and invalid. The marriage is essentially void. From a legal perspective, the marriage never occurred. If you want to annul your marriage, the court needs sufficient proof that the marriage is eligible for annulment based on specific legal reasons.
New Mexico Annulment Attorneys
What You Need to Know About Annulments
Satisfying Requirements for an Annulment
Sometimes people want to annul a marriage due to personal or religious reasons, but New Mexico only permits an annulment when certain conditions exist. New Mexico requires residency requirements to be met and that either party proves that grounds for an annulment existed. The court will want to know the place of residence for both parties, the reason for requesting an annulment, and when it was discovered that the marriage was not valid. It tends to take longer for annulments to be granted by the district courts because those cases often involve litigation.
Grounds for Annulling a Marriage
The grounds that make a marriage eligible for annulment include:
- Either party could not legally consent to marriage – one or both people were under 18 years old or they were at least 16 years old but did not obtain the required parental consent
- Lack mental capacity
- An incestuous relationship exists between the parties
- Foundation of the marriage based on fraud or misrepresentation
- Entered into marriage due to duress
- Bigamy – if a party to the present marriage is already married
Seeking an Annulment
Since there are only limited circumstances under which annulments are granted, it is advisable to speak with a qualified New Mexico annulment attorney. New Mexico Legal Group has a thorough understanding of annulment laws in the state and knows how those laws are applied within the court system on a case-by-case basis. We will provide an honest assessment of the facts and let you know the best approach to take. If there are several options we will advise you accordingly.
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Need Legal Assistance From a New Mexico Annulment Attorney?
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Frequently Asked Questions
Are annulment and divorce the same thing?
No. A divorce terminates a marriage but an annulment states that the marriage was invalid. The marriage is essentially void.
Can annulment be contested?
Yes, and annulment proceedings are, in fact, often contested by the other party. The burden is always on the party seeking annulment to show that at least one legal factor applies to their marriage that qualifies the marriage for annulment.
How long do annulments take?
Annulments do not take nearly as long as divorce proceedings, but they do not happen overnight either. The court will ultimately set the case for a hearing (essentially a trial), and the parties will be allowed to provide evidence to the court to support their cases. How long this takes in large part depends on how long it takes the court to set the matter for hearing, which depends on how busy their dockets are at the time the case is to be heard.
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