Common-law marriage has diverse names, from "marriage in fact", "marriage by repute and habit", "informal…
Where to Apply
How do I get married in New Mexico?
Before getting married in New Mexico, you must first apply for a New Mexico marriage license at any county clerk's office.
Is my residency a factor?
Your residency has no affect on obtaining a marriage license. You do not have to live in New Mexico.
How much is a marriage license?
A New Mexico marriage license costs $25 in every county.
Does the marriage license fee include a marriage certificate?
The marriage license fee is just for the license. Certified copies of your marriage certificate must be purchased separately.
Where can I use my marriage license?
Your New Mexico marriage license can be used anywhere in the state. It is only valid in New Mexico.
Can I use a marriage license from another state in New Mexico?
You cannot use another state's marriage license to marry in New Mexico.
What information will I have to fill out?
The marriage license application is brief, merely asking your name, date and place of birth, address, phone number, and social security number.
What if I can't apply in person?
If you have good cause for not applying in a person, a district court judge can order the county clerk to issue a marriage license.
How old must I be to marry?
Aged 18 and over?
If you're 18 years old or older, parental consent to marry is unnecessary.
Aged 16 and 17?
If you're 16 or 17 years old, you can marry with the consent of a district court judge, guardian, or both parents listed on your birth certificate.
Aged 15 and under?
If you're 15 years old or younger, you can marry if pregnant and a district court approves. If not pregnant, one parent and the court must approve.
What are the parental consent requirements?
How must consent be granted?
Consenting parents or guardians can either grant consent before the county clerk or with a notarized statement.
What if one parent refuses to grant consent?
If one parent does not consent to marriage, the other may petition a district court judge to override them.
If I'm emancipated, is parental consent still required?
Only emancipated 16 and 17 year olds can marry without parental or judicial consent.
What are the district court requirements?
Who files the petition?
If underage and pregnant, you can file the petition with the children's or family court within any district court. Otherwise, a parent or guardian files.
Do I apply first or petition first?
If you're underage and require a certified court order to marry, obtain it before applying for a marriage license.
When will I get my marriage license?
Your marriage license will be issued immediately. You can marry anytime thereafter.
How long will my marriage license last?
New Mexico marriage licenses do not expire after issuance.
What if my marriage license is lost or destroyed?
Some county clerks will reissue a marriage license for a minor fee, while others require reapplication and full repayment.
Do I have to show ID?
You must bring government-issued photo ID, such as a driver's license, state-issued ID card, military ID card, or passport.
What if I have insufficient ID?
If you lack government-issued photo ID, bring an original or certified copy of your birth certificate instead.
Do I have to show my birth certificate?
If you're 16 or 17 years old, you must bring an original or certified copy of your birth certificate.
Do I have to show my social security card?
Some county clerks will want to verify your social security number with a social security card, W-2, tax return, or payroll stub.
What ID must consenting parents and guardians show?
ID for parents?
A consenting parent's ID must match the name on the underage applicant's birth certificate.
ID for guardians?
A consenting legal guardian's ID must match the name on the guardianship papers.
Proof of deceased parent?
A certified copy of a deceased parent's death certificate must be presented.
Do I have to get a blood test?
You are no longer required to obtain a premarital blood test or physical exam.
Do I have to prove I'm divorce?
If divorced, you do not need to present your divorce decree.
Is there a delay between divorce and remarriage?
You can remarry anytime after your divorce has been finalized.
Do I have to prove I'm widowed?
If widowed, you do not need to show your prior spouse's death certificate.
How can I change my name because of marriage?
You can change your name because of marriage with your marriage certificate. A name change application can help you complete the process.
Are witnesses required at my marriage ceremony?
At least two competent witnesses must attend your marriage ceremony and sign the marriage license afterward.
Who may solemnize our marriage?
You may be joined in marriage by an ordained clergyperson, religious society, authorized person of a federally recognized Indian tribe, nation, or pueblo; or an active or retired state or federal judge, justice, or magistrate.
Can we conduct our own marriage ceremony?
New Mexico law does not permit self-solemnized marriage ceremonies. You must enlist a third-party to officiate.
When must my marriage license be returned?
Your marriage license must be returned to the issuing county clerk for recording no later than 90 days after the ceremony.
Who's responsible for making the return?
You, your officiant, or anyone else may return the marriage license in person or by mail.
Will I get my marriage license back?
After your original marriage license is recorded, it will be mailed to you.
How can I get a copy of my marriage record?
You can order a certified copy of your marriage certificate for $1.50–$2.50 from the county clerk's office that issued your marriage license.
Can I order other vital records from the county clerk?
Can I get married by proxy?
You cannot get married by proxy. You must physically attend your marriage ceremony.
Can I marry my first cousin?
You can marry your first cousin in New Mexico, as state law does not explicitly prohibit it.
Can I marry another member of my family?
New Mexico law prohibits marriage between ascendants, descendants, siblings of the whole or half blood, aunts, uncles, nieces, and nephews.
Can I get married to someone else if I'm still married?
Unlike some states, New Mexico law does not tolerate bigamy in cases of prolonged spousal desertion or presumption of death.
Can I establish a common-law marriage?
New Mexico abolished common-law marriage in 1860.
Will my out-of-state common-law marriage be recognized?
New Mexico does not recognize common-law marriage, even if lawfully established in another state or jurisdiction.