An action or proceeding for the annulment of a marriage differs from a divorce proceeding in that a divorce proceeding is instituted to sever a marriage relation admitted to exist, whereas an annulment proceeding is brought for the purpose of declaring judicially that because of some disability or defect that existed at the time of the marriage. In order to be entitled to an annulment of marriage, the plaintiff must allege and prove that the marriage was void or voidable under the laws of the forum state or the state in which the marriage was performed.
New Mexico Petition to Annul Marriage with No Children or Property
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FAQ
In New Mexico, there is no difference in the steps necessary to obtain a legal separation as a divorce. Unlike some states, you do not need to obtain ?legal separation? before you can get a divorce. Just living in separate households or no longer having intimate relations does not mean you are ?legally separated?.
New Mexico Divorce Laws Abandonment: Also called ?desertion.? This means that one spouse has abandoned the other. Adultery: If one partner is unfaithful, their partner can file on grounds of adultery. Cruelty and inhuman treatment: This includes emotional abuse and domestic violence.
Adultery; abandonment; cruel and inhumane treatment; and. incompatibility.
How Long Does a Divorce Take? Providing you can meet a few general requirements, there is a reasonable chance that your divorce can be settled within 30 to 90 days of filing the paperwork in New Mexico.
Common Reasons to File for an Annulment One or both spouses weren't of sound mind when a marriage took place. This could be due to mental illness or substance use. One or both spouses weren't of legal age at the time of the wedding. One or both spouses were already married to another person.
Adultery; abandonment; cruel and inhumane treatment; and. incompatibility.
In New Mexico, all property acquired during the marriage is considered community property and must be divided equally.
New Mexico is a no-fault state and either party can request a divorce. It is far easier to finalize a divorce when both parties agree on the terms and sign the necessary paperwork. Unfortunately, not all divorces are ?easy.?