Hello there -
Unfortunately, your situation does not fall into the requirements for an annulment as the statutes of limitations for filing is between the range of 30 days to 1 year, depending on the situation. The common ground for an annulment is fraud; that is, one spouse never disclosed to the other spouse information about such things as a previous marriage, a criminal record, an infectious disease, the inability to have children, or the desire not to have children. In addition, an annulment might be granted because one party is already married, the parties are too closely related (i.e. incest has been committed), or one party is underage, and did not obtain appropriate parental consent.
You will definitely need to file a petition for a divorce in New Mexico (your resident state). If you want to hire a divorce attorney, it may be a good idea. However, if you can't afford to do it - you can file the divorce petition yourself at your local county district clerks/county court. Pay the filing fee and prepare to "serve" your soon to ex-husband with the petition. Since he is in prison, and located in another state, you wil have to do this process a little bit different. If you don't have any children, this process is easier. If you do have children, I would recommend a divorce attorney ASAP.
If the person you are serving is currently incarcerated you must obtain their inmate number. You can obtain this by calling the jail with the inmate's social security number. You will need to have the inmate's number on all necessary documents. You should not serve an inmate by certified mail. The inmate will not be able to sign for the package and the court may find that the service was not valid.
You should serve by a sheriff or private process server. If you do not have the money to pay for this type of service you may want to have someone you know over the age of eighteen serve the papers.
If someone you know is planning on serving the inmate s/he must do the following things:
You must then file this affidavit with the court that this person served your soon to be ex-husband. There may have to be several attempts to serve your soon to be ex-husband by using different methods. A Writ of Summons (service notification) is only good for 60 days, this means you must have the other party served within those 60 days. You will have to ask the Clerk of Court in writing to issue a new Writ of Summons if the other side has not been served within 60 days. After he receives, it he will 30 days to reply, contested or uncontested. A hearing date will be scheduled and since he is out state he will have testify via telephone.
If he agrees to the divorce (uncontested), you must then contact the County District Court to request an uncontested hearing be scheduled. If he doesn't answer you will need file a document called the "Order of Default", this advises and request that the Judge assign you a court date
On the day your case is scheduled, make sure you are there early. Often you will need to check in with the court personnel in the courtroom. If you are not there when your case is called, your case could be thrown out or the court could rule in favor of the other side. If you have to miss your court date because of an emergency, contact the court BEFORE you are scheduled to be in court.
You may be able to have the court look at documents or other evidence, such as pay stubs or pictures. That day, have your documents and other evidence with you, have them in order, and have extra copies.
You may be able to have the court look at documents or other evidence, such as pay stubs or pictures. That day, have your documents and other evidence with you, have them in order, and have extra copies. Your soon-to-be ex will have a chance to tell his can present the same kinds of evidence. You will have a chance to cross-examine him and/or his witnesses.
This actually starts the process to your divorce. Here's some great places you can find out how to represent yourself (Pro Se):
Thank you! Have a wonderful day!
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