Legal Question in Family Law in New Mexico
Annullment or Divorce
What is the criteria for an annulment versus divorce in a marriage of less than a year?
1 Answer from Attorneys
Re: Annullment or Divorce
Annulment is a law that is used to make an "Illegal
Marriage" undone. What that means is that if you
entered into a marriage that was legally not valid
and you subsequently find out that your marriage
was not valid then you can go before the court and
ask for an annullment. (I am working from memory
here so I might be off a littl bit) but, I do not
believe there is a time limit associated with getting
an annullment.
There is a common lay person belief that if a
marriage is not consumated or is less than one
year in length then you can get an annulment
instead of a divorce. That belief is simply not
true - in law and in fact. In NM annulment is
a process used to 'undo' an otherwise invalid
marriage.
In NM the only way to get out of a marriage,
for all practical purposes, is to get a divorce.
You can also go to www.nmbar.org and get the
800 telephone number for the NM Bar Association
and call them for an attorney referral in your
area. Many towns and cities have attorney who
will meet with you for an initial consultation at
no cost or low cost (i.e., reduced fee). The
Bar Association can also tell you (if your town
is in NM) whether the local Bar Association operates
a Pro Se Divorce Clinic. Good Luck.