An Overview of Marriage Laws in the State of New Mexico
The legal requirements for marriage in New Mexico are relatively straightforward, but it is important that both parties understand the laws that govern marriage in their state in advance of planning their nuptials. The basic requirements include that the couple must be at least 18-years-old and of sound mind to enter into a legal contract. Furthermore, those who wish to marry are not permitted to marry or cohabitate with close blood relatives, under the belief that such marriages are likely to produce offspring with genetic birth defects. In the state of New Mexico, prohibitive relations include siblings, adopted siblings, grandparents, cousins, nieces and nephews.
The parties to the marriage must also have two witnesses over 18 present at the wedding. Though it is not a requirement, it is common practice for the witnesses to be family members or close friends of the bride and groom. Furthermore , the parties are required to provide each of the following documents to the court or official performing the marriage: verification of identity and proof of residential status, including a driver’s license, passport or original birth certificate; verified statement of dissolution of previous marriage, if applicable; and identification of the individual who fill out the application at the county clerk’s office.
No waiting period is required after filing the application for a wedding date. Instead, the couple will be able to marry the same day in Santa Fe, Bernalillo, Sierra, Valencia or Rio Arriba counties. It is critical that those who wish to marry in New Mexico are aware of the requirements before their special day, so as to avoid any risk that the marriage will not be considered valid.
Process of Acquiring a Marriage License
Applications for a marriage license in New Mexico are made at a County Clerk’s Office by both intending spouses. A valid government-issued photo identification is required of both parties, and each must be of legal marital age (18) unless a probationary judge approves or consent is obtained from the court for those 16 and older. "New Mexico Marriage License Checklist" outlines the necessary documents to obtain the "license."
Marriage licenses are issued the same day with no waiting period, and the license application fee is $25. Cash, credit cards or debit cards may be used to pay the fee. There is a 72-hour waiting period before the license can be used for marriage, and 90 days after issuance before it expires. Clerks accept cash, debit or ATM cards and some may accept check or money order, credit card or debit card, depending on the vendors they use.
New Mexico law has no blood tests requirements for marriage license applicants and no expiration date as long as it is used within the state. A copy of the marriage license is filed by mail with the County Clerk’s Office in the county in which the marriage occurred. Official certificates are available within two to three weeks after the wedding for a $5 fee. The size of the marriage certificate is 8.5 x 11 inches.
Marriage License Requirements: Age and Consent
The minimum age to get married in New Mexico is as follows:
21 with parental or judicial consent
Under 21 with parental or judicial consent
18 without parental or judicial consent
Under 18 with parental or judicial consent
Under 16 with parental or judicial consent
Under 16 without parental or judicial consent
A couple wishing to marry, where one or both persons are under the age of 18 may apply for an application for a marriage license together with a consent form. The consent form requires the signature of at least one parent, or guardian having legal responsibility for the minor. If a parent or guardian will not provide consent, the minor may seek a court order granting consent for their marriage.
Legality of Marriage Between Same Sex Couples
Same-sex marriage is legal in New Mexico. Failed attempts to pass legislation to allow same-sex marriage in the state from 2004-2011 led to a series of cases that eventually resulted in the New Mexico Supreme Court recognizing same-sex marriage as legal in the state in 2013.
The issue of same-sex marriages in New Mexico got national attention at the end of the summer of 2013 after the marriage licenses were granted to same-sex couples in Albuquerque and Santa Fe. Judge Alan Malott ordered the issuance of marriage licenses to several same-sex couples who had been denied licenses. He ruled that the state’s ban on same-sex marriage violated the equal protect clause of the New Mexico Constitution. This decision was appealed to the New Mexico Supreme Court.
In September 2013, the New Mexico Supreme Court issued a unanimous ruling that state law does not permit same-sex marriage, but required the state to recognize same-sex marriages performed in other states. The court stated "We therefore hold that same-sex marriage is legal in this state, and that any laws or policies to the contrary violate equal protection."
Attempts to legalize same-sex marriage have also occurred on a legislative front, but without success. Four times between 2005 and 2007, and again in 2013, legislators in the state introduced laws that would permit same-sex marriage, and exempt wedding planners from discrimination suits based on sexual orientation, but each time the bills were rejected.
Common-Law Marriages in the State of New Mexico
Common-law marriages are unions in which a couple considers themselves married, live together, and present themselves as spouses, but who have not obtained a marriage license or gone through a ceremony. In some states, couples in long-term relationships are granted the same rights as married couples even if they do not go through the legal steps to dissolve their union. Many couples think – mistakenly – that as long as they live together for a certain period and act as a married couple, that they will be given all the benefits of marriage , but this is not the case everywhere.
New Mexico recognizes common-law marriages, but only if certain conditions are met. The couple must have the same rights as married couples even if no marriage license has been obtained:
• The man and woman indicate to everyone that they are spouses
• They agree to be spouses
• They live together
• They hold themselves out as a married couple
As long as the above factors are present, a common-law union is as binding as a legally-sanctioned marriage, and can only be dissolved by a court.
Marriage Ceremony and Officiants
In New Mexico, a marriage can be solemnized by any of the following: An officiant must be of the age of majority (18 years old), for all of these types of officiants. An officiant may not be a party to a marriage or have a blood relationship to a party to the marriage. Any party intending to solemnize a marriage may require any or all parties to the marriage to present evidence of identity prior to solemnizing the marriage. Reasonable reliance by an officiant upon any such evidence is presumptively acceptable.
New Mexico Marriage Licenses and Expiration Dates
For those who applied for a marriage license, the period of validity for your license is 90 days. That 90-day period begins on the day that the license was issued. If the marriage ceremony isn’t performed during the 90-day period, or if the marriage certificate is ultimately not filed, then the license will expire after the 90th day.
Once a marriage certificate is filed after the marriage ceremony, it isn’t possible to void or go back on the marriage. In other words, if you were unhappy with your choice in spouse, or you didn’t get along during the wedding weekend, there’s no way to undo it. This means that if your marriage license did indeed expire, but the marriage itself took place, you’ll have to live with the decision (whether good or bad) of being united under the law.
Validity of Marriages in Cases of Multiple Spouses and Polygamy
To add to the complexity of the dissolution of marriage laws in New Mexico, we have multiple marriages and polygamy. In either case, these types of marriages are impermissible in New Mexico. Consequently, if one is married, he or she is generally not allowed to enter into another marriage until that marriage has been dissolved or terminated through death or other legal means. The obvious implication for marrying someone who is already married is that the subsequent marriage is nullified and void. However, there can be times when entering into an invalid marriage can come with some risk. One of those risks is in the case of bigamy. Bigamy is the act of marrying someone one knows (at the time) to already have a spouse . In other words, bigamy can be viewed as entering into a second (and sometimes third, etc…) marriage when the prior marriage has not been legally dissolved. Even in the case of multiple marriages, when entering into a second marriage, the spouse does not have the option to file a no fault divorce. In other words, the law requires petitioners to actually prove the subsequent marriage was invalid by demonstrating that certain elements were not in place. The penalty for engaging in bigamy is extraordinarily stiff. If convicted, the person could be imprisoned for up to 18 months in a state correctional facility. To avoid this risk, one should not enter into a subsequent marriage when one is aware to already have an existing spouse.