Legal Separation and Annulment in New Mexico
Whether New Mexico offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Available. When spouses have permanently separated and no longer live together, either may ask the district court to divide property, decide custody of the children, or award support without seeking a divorce. NMSA 1978 §§ 40-4-3, 40-9-2
| Legal separation | Available. When spouses have permanently separated and no longer live together, either may ask the district court to divide property, decide custody of the children, or award support without seeking a divorce. Legal separation judgments are also referenced in the grandparent visitation statute. NMSA 1978 Chapter 40 (Domestic Affairs) on NMOneSource, the official New Mexico Compilation Commission site. Source: NMSA 1978 §§ 40-4-3, 40-9-2 |
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| Annulment | According to the courts' self-help page, an annulment declares that the marriage lacks legal validity, and grounds include underage marriage, mental incapacity, or fraud. By statute, a marriage between relatives within the prohibited degrees or involving a person under the prohibited age can be declared void only by a district court decree. |
Where to get help in New Mexico
More New Mexico divorce & family law
- Getting a Marriage License in New Mexico
- Adopting a Child in New Mexico
- Guardianship of a Child or Adult in New Mexico
- Establishing Paternity in New Mexico
- Changing Your Name in New Mexico
- Child Custody Laws in New Mexico
- How Child Support Is Calculated in New Mexico
- Alimony and Spousal Support in New Mexico
- How to File for Divorce in New Mexico
- All New Mexico divorce & family law rules
FAQ
Can you get a legal separation in New Mexico?
Available. When spouses have permanently separated and no longer live together, either may ask the district court to divide property, decide custody of the children, or award support without seeking a divorce. Legal separation judgments are also referenced in the grandparent visitation statute.
What are the grounds for annulment in New Mexico?
According to the courts' self-help page, an annulment declares that the marriage lacks legal validity, and grounds include underage marriage, mental incapacity, or fraud. By statute, a marriage between relatives within the prohibited degrees or involving a person under the prohibited age can be declared void only by a district court decree.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.