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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 10580
Experience:  Licensed Texas General Practice Attorney
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Can I file for an annulment in New Mexico if I was married

Resolved Question:

Can I file for an annulment in New Mexico if I was married in another state. The reason for the annulment is: failure to consummate the marriage.
Submitted: 6 months ago.
Category: Family Law
Expert:  ScottyMacEsq replied 6 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Failure to consummate a marriage is not a valid basis to successfully obtain an annulment in New Mexico. What state were you actually married in?

Customer:

Virginia Beach Virginia on Dec.6, 20012

ScottyMacEsq :

Thank you. One moment please while I research this, and will get back to you shortly...

ScottyMacEsq :

Is the failure to consummate due to a physical inability (i.e. Impotence)?

Customer:

Yes. I was not told this until about 2 weeks in to the marriage. Up until then we were traveling and he was always too tired.

ScottyMacEsq :

Under Virginia law, the only reasons for an annulment would be in the case of natural or incurable impotency of body existing at the time of entering into the marriage contract, or when, prior to the marriage, either party, without the knowledge of the other, had been convicted of a felony, or when, at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband, or where the husband, without knowledge of the wife, had fathered a child born to a woman other than the wife within ten months after the date of the solemnization of the marriage, or where, prior to the marriage, either party had been, without the knowledge of the other, a prostitute, a decree of annulment may be entered upon proof, on complaint of the party aggrieved. As for NM law (which probably wouldn't apply anyway unless you were residing in NM at the time of the marriage, and VA was just the locale of the marriage ceremony) you would have to prove one of the annulment grounds recognized by the New Mexico annulment laws:


Fraud: If your spouse has married you by employing fraud or misrepresented him or herself, you can get annulment under New Mexico annulment laws.
Duress: If you have been threatened or forced into a marriage, you can obtain annulment according to New Mexico annulment laws.
Mental Incapacity: Under New Mexico annulment laws, annulment is legal if your spouse is mentally ill and it is affecting your married life.
Physical Disability: According to New Mexico annulment laws, you can file for annulment if your spouse has some physical disability and it is adversely bearing on your relationship.
Bigamy or Existence of a Prior Marriage: New Mexico marriage laws clearly state that both the spouses must be single at the time of marriage. Annulment becomes legal under New Mexico annulment laws if a person is already married and enters into a new marriage without giving divorce to the first one.

ScottyMacEsq :

Now if he is truly impotent and physically incapable of having sexual relations, then that could be the basis to seek an annulment.

ScottyMacEsq :

But it would have to be proven that he could not physically consummate. Simply not consummating, while having the ability to do so, would not be a valid basis to get an annulment.

ScottyMacEsq :

Now you can still file for annulment in NM, since there would be "jurisdiction" if you're a resident there, and they can either apply NM or VA law in this matter.

ScottyMacEsq :

So while VA law could still apply, a NM court could hear the case.

Customer:

He was and still is physically incapable of having sexual relations. I was unaware that he was having Lupron injections and he had prostate cancer. I tried to understand but it became increasingly difficult. He would not try anything to help the situation the doctors recommended because he said he had 7 heart attacks (which I was unaware if) and that he was afraid that if he took any medications to help it would cause another heart attacks.

ScottyMacEsq :

Physical inability would be a basis to seek an annulment, both in VA and NM.

ScottyMacEsq :

Again, it's not just that you have not consummated, but that you cannot consummate. That's the main distinction.

ScottyMacEsq :

That being said, you should contact an attorney in your area that deals with family law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

The issue about his impotence could come up and require proof of that matter (if he contests it), and as such would require a higher pleading of evidence, pleading and procedure.

ScottyMacEsq :

Does that clear things up? Did you have any other questions/

ScottyMacEsq :

?

Customer:

He will not contest it. I talked to him this am and he is ok with this. He lives now in S.C. and I live in New Mexico. We have been separated since March 1st of this year. How long does it take for an annulment to go through?

ScottyMacEsq :

An uncontested annulment should not take too long, particularly if he actually joins in with the petition. In that matter, it should only take a month or so (to get a hearing before a judge).

Customer:

Thank you very much you have truly helped me.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

No more questions. again thank you for your help.

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 10580
Experience: Licensed Texas General Practice Attorney
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