Legal Question in Family Law in New Mexico

40-1-9. Prohibited marriages; annulment. (1973)

Statute text

No marriage between relatives within the prohibited degrees or between or with infants under the prohibited ages, shall be declared void, except by a decree of the district court upon proper proceedings being had therein. A cause of action may be instituted by the minor, by next friend, by either parent or legal guardian of such minor or by the district attorney. In the case of minors, no party to the marriage who may be over the prohibited age shall be allowed to apply for or obtain a decree of the court declaring such marriage void; but such minor may do so,

So you can only get an annulment if one of the parties was a mnor or the parties are too-close trelatives. If it's a minor he/she has to apply for annulment before coming of age.

To get one you would file a petition for annulment, in which you would state the reasons for the annulment as laid out in the statute.

If you're looking for an alternative to divorce for religious reasons, you can get a legal separation, which divides the property and provides for children in all the ways a divorce does but the parties remain legally married.