This case is about a marriage contract in NM. Both parties applied for marriage license- clerk informed how to return after ceremony which was bride or groom can return. Groom after signing informed Officiate he was going to file. Two weeks later Groom informed he did file to witnesses. License "must be" filed within 90 days. Three months pass Groom filed for Annulment and false restraining order. Bride discovers no marriage license was filed and Groom forged a fake mimic marriage license. NM law does not state its officiate duty to file; Officiate license doe not state its his duty. Bride believes there has been a breach of contract by Groom- voidable marriage. Groom "must" comply to file the license before filing for Annulment. Judge claimed it was Officiate duty. What to do- opinions?
I am not a New Mexico attorney, so this is more comment and question than advice. First, are you doing this yourself or do you have a domestic relations attorney? If you have an attorney, talk to them, they will give you the appropriate answer. If you don't GET ONE! Court is no place to be without a lawyer. Research domestic relations attorneys in Avvo or contact the local bar association for their attorney referral service.
Part of your answer depends on whether the case is over, with a final appealable order (in which event your only choice is likely an appeal, although there may be some other stage available in NM) or if the order is only a part of an ongoing case. In either event, find an attorney to help you now.
These facts are unique and contemplated. Basically you have 30 days to appeal a final order to the court of appeals. I'm not a family lawyer but the judges decision sounds right to me. I assume you want an annulment for religious reasons.
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