Like a divorce, an annulment ends a marriage, however, an annulment treats the marriage like it never happened. Some people still think divorce carries a stigma, so they would rather annul their marriage than get a divorce.

Once the judge issues an annulment, a marriage is void, as if the partners were never married. Children, however, are still legitimate, and after an annulment a father remains the father unless it’s proven otherwise.

In an annulment in New Mexico, the judge can make decisions about child custody and child support. Unlike some jurisdictions, the court can distribute marital property the same way it would in a divorce.

Most laws for an annulment of marriage in New Mexico are located in 40-1-6, 40-1-7, and 40-1-9 of the state’s revised statutes.

Generally, an annulment of marriage in New Mexico can occur for the following reasons:

In order to obtain an annulment in New Mexico, one or both partners must be a resident of New Mexico for at least six months. One partner files a petition for annulment in the district court in the county where either partner lives. In the petition, the petitioner provides information about the partners, their children and the marriage, and the grounds for an annulment. A party may need additional paperwork as well; for example, additional forms may be required for temporary orders for child support or spousal support. To annul a marriage in New Mexico, the petitioner must confirm the facts of the case, and the action must meet one of the statutory definitions.

After filing the petition, the petitioner arranges for service of the respondent. An adult other than the petitioner hand delivers the annulment papers to the respondent. The annulment papers include a summons to a hearing. The person serving the papers completes an Affidavit of Service, which is returned to the court.

If the respondent agrees to the annulment, the judge enters a decree of annulment without a hearing; if not, the judge holds a hearing. In a hearing, both partners testify and present other evidence so that the judge can determine whether an annulment is appropriate. If it is, the court grants a Judgment of Nullity.