Legal Question in Family Law in New Mexico

Re: Legal Annulments

Annulment can only be granted in cases where a marriage took place that is prohibited by law. [See NMSA 1978 section 40-1-9 - available at your local public library or online at the NMCourts web site below.] Thus, if you are under the legal age to get married you can obtain an annulment or if you married a person who is a blood relative and the relationship is prohibited by law for such a marriage to have taken place you can then obtain an annulment. If your relationship does not fall within either of those two area (or the other areas as set forth in the statute you may want to reconsider your options).

The forms would be similar to a divorce petition (go to http://www.nmcourt.com and look for divorce or family law forms) with the (very loose and general) exception being that where the 'divorce' form said divorce you would substitute the word 'annulment.' You must understand that the judge assigned to your case may look with very close scrutiny at any such form or request for annulment. Usually, it is easier to simply file and obtain a divorce; however, you would have to supply much more facts than you have with the question presented.

There is a lawyer referral service available by the NM State Bar and you can obtain the telephone (800) number by going to their web site at http://www.nmbar.org and look for the heading "lawyer referral." At least get a consultation with an attorney; he or she may be able to help you save a lot of time and headaches.

Good Luck.