Common Questions About Marriage
by: New Mexico Legal Aid
Read these Questions and Answers to learn more about family law and marriage.
What Is Marriage?
Two people get married. They have a religious ceremony. Or, they can have a judge marry them.
Either way, they promise to live together.
They have a ceremony.
Two native Americans get married.
The person doing the ceremony has to be approved by a tribe.
The tribe has to be accepted by the national government.
A special paper must be filled out and signed. This paper must say the wedding happened. It must say who did it.
It must be recorded by the county clerk. This must be done in 90 days after the wedding.
What Is Bigamy?
Bigamy is a crime. It happens when two people are married. One of them knows he/she is still married to someone else. The old marriage has not been ended.
The person who causes bigamy to happen breaks the law. He/she could go to jail for 18 months.
The marriage may be voided by the court.
The rights of people in marriages that are bigamous can be found in common law.
In New Mexico the latest marriage is the good one.
The person who knows he/she is committing bigamy cannot inherit from the first marriage.
What Is Common Law?
Common Law is law found in cases (legal decisions).
It is general law. The idea was brought here from England or Spain.
It is explained in special cases by the appeals court.
Statutory law is that law made by our state government.
Under common law marriages that are bigamous never happened.
In New Mexico the latest marriage is the good one.
The person knows he/she is committing bigamy cannot inherit from the first marriage.
What About Marriages Performed Outside New Mexico?
A marriage is done correctly outside the state. It is legal in the state.
A marriage done right out of state breaks a law in New Mexico. If it was valid where it was done, it is valid here.
You go to Mexico to get married. Your marriage is good here. As long as your marriage followed the right Mexican rules, it is good here. A valid record of the marriage will be accepted here.
Are There Common Law Marriages in New Mexico?
There is no common law marriage in New Mexico. It doesn't matter how long you live together. It doesn't matter what was intended.
If you have a common law done outside the state, it is accepted here.
How About Living Together Without Marriage In New Mexico?
To have a contract to live together:
Two people must come to an agreement in which they make a planned promise to each other;
the promise talked about property, debts, or money;
they each understood what the promise was at the time;
they acted as the promise said they would for a period of time.
One partner in a living together without marriage agreement claims joint ownership of property.
That would give him/her an interest in it.
To make a good claim she/he must show proof of an agreement to own property.
Just living together on a piece of property does not make an agreement.
Joint ownership doesn't mean equal ownership.
A joint ownership deed can make a belief of joint ownership
Because a couple is in a living together without marriage agreement does not mean one can expect to be supported by the other.
To be able to collect support he/she must prove that he/she gave up something in payment for the contract.
A promise of sexual services will not work. A promise of domestic service would work.
Last Reviewed On: 05/12/04
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