How to Get Married in New Mexico
by: New Mexico Legal Aid
To get married in New Mexico you have to be over 18. You must understand what it means to get married. You have to be single. You have to be unrelated by blood. You have to want to get married. You have to live in New Mexico.
No one can be forced to get married.
There are laws that control marriage. They are made by the state legislature. The courts of the state tell us what the laws mean. Each state makes its own marriage laws. They may be different in each state.
Federal laws have almost nothing to do with how people get married.
Laws are called statutes. They are printed in books. They change from time to time. When they change they are printed in books again. Law libraries have these books.
The laws say to be married in New Mexico, you get a license. Then you go through a marriage ceremony here. The person who does the ceremony must be licensed to do it. This person then makes out a document that says the ceremony happened. When these things are all done correctly, you are married.
There isn't any waiting period to get married in New Mexico.
You just have to have enough time to finish everything that must be done.
There was a requirement to have blood tests. These are no longer needed.
You have to apply for a license.
This means the couple getting married must go to the county clerk's office together to fill out a license application.
They must answer questions such as, are you related by blood. They have to pay a $25 charge to have the license issued by the county clerk.
Some county clerks want cash. Some will take a check.
You need ID. The couple has to be a man and a woman. They don't have to be U.S. citizens.
The people who do the marriage ceremony are:
state and federal judges;
magistrates and justices of the court;
appointed priests, ministers, rabbis, etc.; and
appointed persons from Native American tribes that are accepted by the federal government.
When the ceremony has been done, a form is filled out. The form says the ceremony was done. It gives the name of the person who did the ceremony. It also gives the credentials of that person.
This form must be signed and witnessed. It must be recorded by the county clerk. These things must be done within 90 days of the ceremony.
The form is on the back of the license.
A person can be too close in the family bloodline to marry. A father and daughter may not marry. A mother and son may not marry. An aunt and a nephew may not marry. An uncle and niece may not marry. A sister and brother may not marry.
Grandparents and grandchildren may not marry. It doesn't matter what the blood relationship is.
First cousins, second cousins and third cousins can be married in New Mexico.
If you know you are marrying someone who is mentioned here as not being able to marry you, you are committing a crime. If you are even having sex with such a person, you are committing a third degree felony.
When a marriage breaks the incest, age or consent rules, it can be annulled by the court. The marriage is treated like it never happened.
The children are legitimate.
Only the District Attorney, a parent or guardian, or one of the spouses can ask to declare a marriage void.
Last Reviewed On: 05/16/04
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