Understanding Marriage Annulment in New Mexico

In New Mexico, a marriage annulment is a legal process that declares a marriage was never valid from the beginning. Annulment only applies when the marriage was never supposed to be legally recognized. For instance, a marriage can be annulled when one party was physically or mentally incapacitated during the marriage event.

Note that annulment is not the same as divorce in New Mexico. Divorce is the dissolution of a legally recognized marriage, while annulment dissolves marriages that were not legally recognized. Annulment restores the couple to their original status, while divorced parties are legally referred to as “divorcees”.

Grounds for Annulment in New Mexico

New Mexico residents may file for marriage annulment under these conditions:

• The marriage is between relatives, such as siblings or cousins. (NM Stat § 40-1-7).
• One of the parties was a minor at the time of the marriage event.
• One of the parties is guilty of committing bigamy.

While the state law doesn’t specifically mention this, you may also annul a marriage if one of the parties lacked the mental capacity to consent to the marriage. The state might also annul a marriage under these conditions:

• One of the parties was physically unable to consummate the marriage.
• One of the parties was under duress or physically forced to consent.
• One of the parties was tricked into consenting to the union.

Eligibility Requirements for an Annulment in New Mexico

In New Mexico, you are typically eligible to annul a marriage if you were mentally or physically incapacitated during the marriage event. The NM Stat § 40-1-9 also nullifies marriages under these conditions:

• The parties are close relatives.
• One of the parties was a minor at the time of the marriage event.

In addition to these reasons, individuals filing for annulment must meet specific criteria, such as residency status and filing deadlines. Petitioners must have lived in the state for at least six months before filing for annulment. For annulment due to underage marriage, the state will only void the marriage if one of the parties is still under the legal age. This means petitioners lose the right to annul once both parties attain the legal age.

Note: Only a decree from a local district court can void or annul a marriage in New Mexico.

How to Get a Marriage Annulled in New Mexico

New Mexico residents may file for annulment by following these steps:

1. Verify that you are legally eligible to file for annulment: New Mexico statutes only allow marriage annulment for a specific set of reasons, including bigamy or underage marriage. The state also requires petitioners to meet the residency requirement and filing deadline. For example, one of the parties must have lived in the state for at least six months prior to filing for annulment.
2. Gather the necessary files for annulment: You generally need to submit a petition along with other necessary documents when filing for annulment in New Mexico. The necessary documents may vary and might depend on the reasons why you are filing for annulment. You might need the other party’s marriage certificate or wedding photographs if filing on the basis of bigamy.
   To find the necessary documents, you may contact the local district clerk’s office. These clerks may provide online or offline resources for the required documents.
3. Submit the forms to the family court division or the district court clerk’s office: You must file the forms in the district court where one of the parties lives. The clerk of the district court is generally responsible for handling filings for annulment or related domestic relations cases.
4. Make copies of the documents and file them: the district court clerks may allow online or in-person filing of annulment forms. To use the online option, visit the website of the district court clerk to find the e-filing option.
   On the other hand, you may visit the district court clerk and file the documents in person during business hours. Case in point: The Bernalillo County district court accepts in-person filing at this address:
   Second Judicial District Court's Family Court Division
   400 Lomas Boulevard Northwest
   Room 119
   1st Floor
   Albuquerque, NM 87102
   Phone: (505) 841-6702
5. Pay the filing fees: There are no state-specific filing fees for annulment in New Mexico. So, the local district court is responsible for setting the fee. Petitioners may opt for a fee waiver if they are unable to pay the required fee. Note that the court may request evidence of financial incapacity before granting a fee waiver.
6. Serve a copy of the petition to the other party: In New Mexico, the court uses a process server to hand-deliver the document. In some instances, the court may send certified mail to the other party’s address. You are generally required to reply to the petition within 30 days of receiving it. The court may enter a default judgment if the other party refuses to acknowledge the petition.
7. The court conducts a hearing: The district court or family court division will review the petition and determine if the petitioner is eligible to annul the marriage.

Required Forms and Documentation for an Annulment in New Mexico

In New Mexico, you may find required forms or documentation for annulment in the custody of local district courts or family court divisions. The required documents may vary and depend on the petitioner’s unique circumstance. For example, you need a birth certificate as part of the required documents if one of the parties was underage at the time of marriage. A marriage certificate is often required if the annulment is for reasons like bigamy.

Where to File for an Annulment in New Mexico

You may file for annulment at the local district court or family court division in New Mexico. Petitioners are generally required to have lived in the county before filing for annulment.

The court may accept annulment filing via online or offline options. You may file for annulment by using the e-filing option available on some court websites. In contrast, offline filing may require sending mail or visiting the courthouse during business hours.

Annulment Timelines and Waiting Periods in New Mexico

New Mexico does not have a specified waiting period for filing a marriage annulment. However, the state requires an underage party to file for annulment before attaining the legal age. Annulment is no longer an option if the party filed after attaining the legal age.

There is no specific timeline for marriage annulment cases at local district or family court divisions. Factors like case backlogs, contested grounds, and missing paperwork may delay an annulment proceeding. Nevertheless, annulment proceedings are generally faster than divorce cases since they don’t include property division or spousal support.

Costs and Court Fees for an Annulment in New Mexico

There are no state-specific fees for filing marriage annulments in New Mexico. Petitioners must contact the local district court or family court division to determine the required filing fees.

In addition to filing fees, petitioners may face extra costs in the form of attorney fees and costs of procuring specific documents. With that being said, petitioners may seek reprieve by requesting fee waivers. The court may grant a fee waiver after verifying the petitioner’s financial status or claims.

After the Annulment: What Happens Next?

In New Mexico, a marriage ceases to exist after an annulment. The state will restore both parties to their original status before the annulled marriage. In addition, the state may seal records of the annulled marriage. There are usually no divisions of properties or spousal support after an annulled marriage. However, the state may require child support or custody payments if the union resulted in children.