New Mexico Annulment Laws: Void Marriages and Court Decrees (2026)

New Mexico's family-law chapter has no section that provides for annulment. The compiler's annotation to NMSA 40-1-9 says a 2013 amendment "eliminated annulment," and the statute now provides that a marriage between close relatives or involving a person under the prohibited age is declared void only "by a decree of the district court upon proper proceedings."

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how New Mexico law treats void marriages and annulment, mainly NMSA 40-1-6, 40-1-7 and 40-1-9, with the related sections 40-4-1, 40-4-5, 40-4-20, 40-11A-204 and 45-2-802. It does not cover New Mexico case law on marriage validity, divorce procedure, religious annulment or other states' law. For divorce, see New Mexico divorce laws.

Can you get an annulment in New Mexico?

Not under a statute called annulment. NMSA Chapter 40 has no section that provides for annulment or nullity; the word appears only in 40-4-20, which covers cases interrupted by a party's death. The compiler's annotation to 40-1-9 reads: "The 2013 amendment, effective June 14, 2013, eliminated annulment; in the title, deleted 'annulment'." That amendment is Laws 2013, chapter 144, section 6.

What remains is a decree declaring certain marriages void. NMSA 40-1-9 provides:

"No marriage between relatives within the prohibited degrees or between or with persons under the prohibited ages shall be declared void except by a decree of the district court upon proper proceedings."

The word has not vanished from New Mexico law. Section 40-4-20(B) still refers to annulment petitions, providing that property and support proceedings in such a case do not abate if a party dies before the decree; the probate code refers to a marriage that "has been annulled" (NMSA 45-2-802), and the courts' self-help divorce page describes annulment in its questions and answers (see How to ask a court to declare a marriage void, below).

What about fraud, duress or impotence?

Chapter 40 does not list fraud, duress, incapacity, impotence or a marriage in jest as grounds to end a marriage. The New Mexico Courts self-help divorce page says annulment "can happen because of underage marriage, mental incapacity, or fraud," citing 40-1-9, although the text of 40-1-9 names only the prohibited-degree and underage situations. This page does not cover whether New Mexico case law allows a court to void a marriage for those other reasons. A lawyer licensed in New Mexico can advise on a specific situation.

Marriages New Mexico law declares void

Close relatives

NMSA 40-1-7 provides: "All marriages between relations and children, including grandparents and grandchildren of all degrees; between brothers and sisters of full blood or of half blood; between uncles and nieces; and between aunts and nephews are declared incestuous and absolutely void."

The compiler's annotation notes that first cousins are not within the prohibition, tracing that to an 1880 repeal. Even an "absolutely void" marriage under 40-1-7 is declared void by district-court decree under 40-1-9.

Underage marriages

Section 40-1-9 limits who may bring the case:

"A cause of action may be instituted by the minor, by next friend, by either parent or legal guardian of the minor or by the district attorney. In the case of minors, no party to the marriage who may be over the prohibited age shall be allowed to apply for or obtain a decree of the court declaring the marriage void"

The same section lets the marriage cure itself: "If the parties should live together until they arrive at the age under which marriage is permitted by statute, then the marriage shall be deemed legal and binding."

A prior marriage that was never ended

This page does not cover how New Mexico courts treat a marriage entered while a prior marriage was still in effect. A lawyer licensed in New Mexico can advise on that situation.

New Mexico's minimum marriage age

New Mexico has not adopted a flat minimum age of 18. Section 40-1-6, repealed and reenacted by Laws 2013, chapter 144, section 4 (effective June 14, 2013), allows a person who is 16 or 17 to marry with parental consent or court authorization. For a person under 16, it provides:

"The county clerk shall not issue a marriage license to any person under sixteen years of age ... unless the children's or family court division of the district court has first authorized the marriage"

Court authorization for a person under 16 is limited to settling a support and parentage case or a pregnancy (40-1-6(B)). The history line in the official Chapter 40 text shows no amendment to 40-1-6 after 2013. Recheck the current text before relying on it.

How to ask a court to declare a marriage void

The case goes to the district court, which declares the marriage void by "a decree of the district court upon proper proceedings" (NMSA 40-1-9).

Section 40-1-9 does not itself state a residency period. The six-month residence and domicile rule in NMSA 40-4-5 is written for dissolution of marriage. This page does not state a residency rule for a void-marriage case.

The New Mexico Courts self-representation divorce page is the official self-help starting point for family cases. Its questions and answers say that "Annulment can happen because of underage marriage, mental incapacity, or fraud" and that "An annulment does not need to happen through a divorce proceeding in court, as a divorce does," citing Section 40-1-9. The text of 40-1-9 itself names only marriages between relatives within the prohibited degrees and marriages involving persons under the prohibited ages, and provides that those are declared void only "by a decree of the district court upon proper proceedings." The court page does not explain the difference. A lawyer licensed in New Mexico can advise how a court would treat a specific marriage.

Children of a void marriage

New Mexico's parentage statute keeps the presumption of paternity in place when a marriage is invalid. Under NMSA 40-11A-204(A), a man is presumed to be the father of a child if the child is born within 300 days after the marriage ends by annulment or a declaration of invalidity, or if, before the birth, "he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid," and the child is born during that marriage or within 300 days after it ends. A marriage after the birth raises the presumption only if the man also voluntarily asserted paternity in one of the ways 40-11A-204(A)(4) lists.

The compiler's annotation to 40-1-9 notes that the 2013 amendment deleted the sentence in that section that had declared children of void marriages legitimate. The parentage presumption in 40-11A-204 is separate from that deleted sentence. For custody, see New Mexico child custody laws.

Alimony, property and inheritance

Alimony for an underage spouse. In a case over an underage marriage, NMSA 40-1-9 provides that "the court may, in its discretion, grant alimony until the minor becomes of age or remarries."

Property. This page does not cover how property is divided when a marriage is declared void.

Inheritance. Under NMSA 45-2-802(A), "An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death."

Putative spouses and religious annulments

This page does not cover whether New Mexico protects the property rights of a spouse who believed in good faith that the marriage was valid. The apparent-compliance parentage presumption in 40-11A-204(A)(3) concerns children, not property rights between the spouses.

A religious annulment and a court decree are separate processes. A religious decision does not by itself change civil marital status, and a court decree does not decide religious status.

Void-marriage decree versus divorce

A divorce, called dissolution of marriage in New Mexico, ends a valid marriage. Under NMSA 40-4-1, "a district court may decree a dissolution of marriage on any of the following grounds: A. incompatibility; B. cruel and inhuman treatment; C. adultery; or D. abandonment." For most couples who want to end a marriage, that is the route; see New Mexico divorce laws.

Disclaimer: This article provides general legal information about void marriages and annulment under New Mexico law, mainly NMSA 40-1-6, 40-1-7 and 40-1-9. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in New Mexico or the New Mexico Courts self-representation resources.

Related

• Annulment laws in every state
• New Mexico divorce laws
• New Mexico common-law marriage
• New Mexico marriage and divorce records
• New Mexico child custody laws

Last updated: 2026-10-08.

Frequently Asked Questions

Does New Mexico have annulment?

Not under a statute by that name. The compiler's annotation to NMSA 40-1-9 says the 2013 amendment eliminated annulment; the section now lets the district court declare marriages within the prohibited degrees or ages void by decree.

Which marriages are void in New Mexico?

NMSA 40-1-7 declares marriages between close relatives incestuous and absolutely void, and 40-1-9 covers marriages involving a person under the prohibited ages. Either is declared void only by a district-court decree.

Can I annul my marriage in New Mexico for fraud?

Chapter 40 does not list fraud as a ground, and NMSA 40-1-9 names only the prohibited-degree and underage situations. The New Mexico Courts self-help divorce page says annulment can happen because of underage marriage, mental incapacity or fraud. A lawyer licensed in New Mexico can advise on a specific situation.

Who can ask to void an underage marriage in New Mexico?

Under NMSA 40-1-9, the minor, a next friend, either parent or legal guardian of the minor, or the district attorney. The spouse who was over the prohibited age may not.

What is the minimum marriage age in New Mexico?

NMSA 40-1-6 allows marriage at 16 and 17 with parental consent or court authorization, and under 16 only if the children's or family court division of the district court authorizes it.

Is a child's paternity affected if a New Mexico marriage is declared void?

Under NMSA 40-11A-204(A)(3), a man is presumed to be the father if, before the birth, he married the mother in apparent compliance with law, even if the marriage is or could be declared invalid, and the child is born during that marriage or within 300 days after it ends.