Can a person who has been adjudicated incompetent, who has a legal guardian,get married in the state of NM, without the guardians consent?.
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Can a person who has been adjudicated incompetent, who has a legal guardian,get married in the state of NM, without the guardians consent?.
Asked on June 1, 2009 under Business Law, New Mexico
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
States have held that the right to marry is considered very personal and New Mexico is no exception. Based on review of the applicable law, once the "age of majority" is reached (18 in New Mexico) one can marry without the permission of a parent or guardian; it is the couple's sole decision whether or not to marry. However, a parent or guardian's consent is needed if the parties are at least 16 but younger than 18.
That having been said, incompetence can be a grounds for an annulment. The fact that the individual was adjuducated incompetent prior to the marriage taking place would make it void. On these facts I don't think that there can be a valid marriage.
The above is based on my own brief research. For a more definitive answer on the issue a family law attorney in New Mexico should be consulted.
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I don't think so. The guardian should be able to get any such marriage annulled. I'm not a New Mexico lawyer, but my research suggests that some form of identification had to be produced to get the marriage license; if I were the guardian's attorney, I'd be very interested in checking on that. People who aren't competent shouldn't be loose in the world with a driver's license!
The guardian should have an attorney review all the facts, for reliable advice on the best way to deal with this situation. One place to find a lawyer is our website, http://attorneypages.com
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