New Mexico  |  Family Law

Legal Question

Asked on: 9/22/13, 4:36 pm

If a 20 year old woman marries a homosexual male from South America, how can yi be annulled. New Mexico

1 Answer

Answered on: 9/23/13, 5:25 pm by George Chandler

The annulment statute had that word removed. Annulment only applied to limited circumstances anyway, probably not including the one you mention. The only marriages currently deemed voidable are between prohibited persons (incestuous) and when one party is under 16; those can be declared void (essentially annulled) by court decree. See new mexico statutes: NMSA 40-9-6, -7, and -9.

If the marriage took place in South America you might look at that country's law to see whether it's valid or not. If it's valid there, it's almost certainly valid here unless you can show the marriage took place out of the country in order to avoid New Mexico law and/or to perpetrate some fraud. So you're looking at divorce, not annulment.

P.S.: There's no U.S. law that stops a woman from marrying a homosexual male.

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George Chandler Law 1208 9th Street Los Alamos, NM 87544

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