New Mexico Wedding Laws
New Mexico is called the Land of Enchantment for many reasons. With tall Rocky Mountain Peaks, quaint old pueblos, and bustling metropolitan areas, New Mexico has something for everyone. If you are a couple who wants to marry in the state or an officiant who wants to conduct a marriage ceremony, you must be certain you understand and comply with New Mexico's unique marriage requirements. Fortunately, you do not have to worry about undergoing extensive research. The following guide should give you everything you need to know about either marrying the love of your life or officiating a wedding anywhere in New Mexico. Continue reading for information on how to turn the special day into a legally binding marriage.
New Mexico Marriage Requirements
- Min. Age of Couple:
- Age 18 or Age 16 with Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- First Cousins
- Marriage Equality:
- Yes
New Mexico has some straightforward laws about marriage. Nevertheless, for a binding marriage in the Land of Enchantment, each member of the couple must be 18 or older. Those who are 16 and 17 may be able to marry in New Mexico if they obtain the written consent of all living parents or guardians. Individuals who are younger than 16 may also marry, providing they can obtain permission from a court. This provision may apply if a minor is pregnant. Nevertheless, any judge or clerk who helps a minor marry in violation of New Mexico law may be subject to sanctions. New Mexico allows out-of-state couples and same-sex couples to marry, but state law does not permit the marriage of close kin.
N.M Stat. § 40-1-6. Restrictions on marriage of minors.
A. The county clerk shall not issue a marriage license to an unemancipated person sixteen or seventeen years of age, and no person authorized by the laws of this state to solemnize marriages shall knowingly unite in marriage any person sixteen or seventeen years of age, unless the minor first receives the written consent of each of the minor's living parents as shown on the minor's certificate of birth, or the district court has authorized the marriage of such person upon request of a parent or legal guardian of the person for good cause shown, and a certified copy of the judicial authorization is filed with the county clerk.
B. The county clerk shall not issue a marriage license to any person under sixteen years of age, and no person authorized by the laws of this state to solemnize marriages shall knowingly unite in marriage any person under sixteen years of age, unless the children's or family court division of the district court has first authorized the marriage of the person upon request of a parent or legal guardian of the person in settlement of proceedings to compel support and establish parentage, or where an applicant for the marriage license is pregnant, and a certified copy of the judicial authorization is filed with the county clerk.
History: Laws 1876, ch. 31, § 2; C.L. 1884, § 993; C.L. 1897, § 1426; Code 1915, § 3431; Laws 1923, ch. 100, § 2; C.S. 1929, § 87-107; 1941 Comp., § 65-106; Laws 1953, ch. 112, § 1; 1953 Comp., § 57-1-6; Laws 1972, ch. 97, § 70; 1975, ch. 32, § 2; repealed and reenacted by Laws 2013, ch. 144, § 4.
N.M. Stat. § 28-6-1. Age of majority; eighteen years; exception.
A. Except as provided in Subsection B or otherwise specifically provided by existing law, any person who has reached his eighteenth birthday shall be considered to have reached his majority as provided in Section 12-2-2 NMSA 1978 [repealed] and is an adult for all purposes the same as if he had reached his twenty-first birthday.
B. For the purposes of the Uniform Gifts to Minors Act [repealed], as it relates to any gift made prior to June 18, 1971, the donee shall not be entitled to delivery or payment over of the gift until he has reached his twenty-first birthday.
History: 1953 Comp., § 13-13-1, enacted by Laws 1971, ch. 213, § 1; 1973, ch. 138, § 12.
N.M. Stat. § 40-1-7. Incestuous marriages.
All marriages between relations and children, including grandparents and grandchildren of all degrees; between brothers and sisters of full blood or of half blood; between uncles and nieces; and between aunts and nephews are declared incestuous and absolutely void.
History: Laws 1876, ch. 31, § 1; C.L. 1884, § 992; C.L. 1897, § 1425; Code 1915, § 3430; C.S. 1929, § 87-106; 1941 Comp., § 65-107; 1953 Comp., § 57-1-7; 2013, ch. 144, § 5.
How to Get a New Mexico Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in New Mexico
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- $25.00
- Accepted I.D. Types:
- Photo ID
- Proof of Divorce Required (If Applicable):
- No
- Blood Test Required:
- No
Before walking down the aisle in New Mexico, a marrying couple must first obtain a marriage license from a county clerk. To do so, the couple must appear in person and identify themselves with government-issued identifications and social security numbers. If for some reason, both members of the couple cannot appear in person and comply with identification requirements, the couple may ask a district court judge for an exemption. The judge is only likely to approve the exemption if the couple can show good cause. If the couple goes this route, an order from the judge tells the clerk to issue the marriage license. The cost for applying for a marriage license in New Mexico is $25, but the process is simple. New Mexico does not require proof of previous divorce decrees or blood tests prior to issuance of marriage licenses.
N.M. Stat. § 40-1-10. License required; county clerk.
A. Each couple desiring to marry pursuant to the laws of New Mexico shall first obtain a license from a county clerk of this state and following a ceremony conducted in this state file the license for recording in the county issuing the license.
B. To obtain a marriage license, the couple shall personally appear at the office of the county clerk issuing the license and provide sufficient identification to satisfy the county clerk as to each person's identity and qualification to receive a marriage license pursuant to Chapter 40, Article 1 NMSA 1978. On application to a judge of the district court, the court, for good cause, may authorize a person unable to appear personally to obtain a license from the county clerk, and a certified copy of the judicial authorization shall be filed with the county clerk.
C. The county clerk:
(1) shall collect the social security number of an applicant for a marriage license only as provided for in Section 27-1-10 NMSA 1978;
(2) shall not make available a social security number to another person except as provided for in Section 27-1-10 NMSA 1978; and
(3) may, thirty days after the commencement of each fiscal year, dispose of, in a secure manner, those social security numbers collected in the previous fiscal year that have not been requested as provided for in Section 27-1-10 NMSA 1978.
History: Laws 1905, ch. 65, § 1; Code 1915, § 3435; C.S. 1929, § 87-111; Laws 1939, ch. 25, § 1; 1941 Comp., § 65-110; 1953 Comp., § 57-1-10; Laws 1969, ch. 104, § 1; 1973, ch. 51, § 3; 2013, ch. 144, § 7.
N.M. Stat § 40-1-11. Fees; disposition.
The county clerk shall receive a fee of twenty-five dollars ($25.00) for issuing, acknowledging and recording a marriage license and marriage certificate. Fifteen dollars ($15.00) of each fee shall be remitted by the county treasurer to the state treasurer, within fifteen days of the last day of each month, for credit to the children's trust fund.
History: 1953 Comp., § 57-1-10.1, enacted by Laws 1957, ch. 33, § 1; 1977, ch. 253, § 64; 1979, ch. 131, § 1; 1985, ch. 52, § 1; 1986, ch. 15, § 10; 2013, ch. 144, § 8.
Applying For a Marriage License in New Mexico
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- No Expiration
- License Must Be Submitted:
- Within 90 Days of Ceremony
Unlike many other states, New Mexico does not place expiration dates on the marriage licenses that clerks issues. In theory, as long as a couple has a valid marriage license, the ceremony can take place at any time. This gives the couple and the officiant sufficient time to plan a meaningful and memorable ceremony. If the couple is in a hurry, though, the marriage may take place immediately after the clerk issues the marriage license. After the ceremony is over, the officiant has the responsibility of returning the completing marriage license within 90 days. Failure to do so may cause a delay in the issuance of the marriage certificate.
N.M. Stat. § 40-1-15. Certification of marriage; recording and indexing.
A. It is the duty of all persons solemnizing the contract of marriage in this state to certify the marriage to the county clerk within ninety days from the date of the marriage ceremony. Upon ensuring the information on the certificate is complete and legible, the county clerk shall immediately upon receipt of the certificate cause it to be properly recorded and indexed in a permanent record as a part of the county records.
B. The county clerk may issue a certificate of correction or correct or reissue an application for a marriage license, a marriage license or a certificate of marriage as a result of a typographical or data entry error by the office of the county clerk. The county clerk shall issue a certificate of correction or correct or reissue an application for a marriage license, a marriage license or a certificate of marriage to correct an error on the document upon order of the district court.
History: Laws 1905, ch. 65, § 4; Code 1915, § 3438; C.S. 1929, § 87-114; 1941 Comp., § 65-113; 1953 Comp., § 57-1-13; 2013, ch. 144, § 10.
How to Become a Wedding Officiant in New Mexico
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- County Clerk
- Latest Document(s) Submission Date Allowed:
- After the Ceremony
- Minister I.D. # Issued:
- No
In the Land of Enchantment, a marriage officiant must either be a member of the clergy or an authorized representative of a federally recognized Indian tribe or nation. State law also allows judges and magistrates to perform marriage ceremonies, even if they have retired. Either way, to perform a marriage ceremony in New Mexico, the officiant must be at least 18. Officiants who receive their ordination through Universal Life Church Ministries are religious actors under New Mexico Law. Consequently, ULC officiants should have their credentials and ordination documents ready to present to the county clerk upon request. The Classic Wedding Package includes the officiant's credentials and ordinations documents.
N.M. Stat. § 40-1-2. Marriages solemnized; ordained clergy or civil magistrates may solemnize.
A. The civil contract of marriage is entered into when solemnized as provided in Chapter 40, Article 1 NMSA 1978. As used in Chapter 40, Article 1 NMSA 1978, "solemnize" means to join in marriage before witnesses by means of a ceremony.
B. A person who is an ordained member of the clergy or who is an authorized representative of a federally recognized Indian nation, tribe or pueblo may solemnize the contract of marriage without regard to sect or rites and customs the person may practice.
C. Active or retired judges, justices and magistrates of any of the courts established by the constitution of New Mexico, United States constitution, laws of the state or laws of the United States are civil magistrates having authority to solemnize contracts of marriage. Civil magistrates solemnizing contracts of marriage shall charge no fee therefor.
Getting Married in New Mexico
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- None
- Min. Age of Witnesses:
- N/A
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
In the Land of Enchantment, couples and officiants may structure marriage ceremonies however they choose with a couple of key exceptions. First, the couple must express consent to marry in front of the officiant and witnesses. Second, the officiant must pronounce the couple married. Beyond these, the couple and officiant may tailor the marriage ceremony to fit religious or personal requirements. After the officiant pronounces the marriage, completes the marriage certificate, and delivers it to the county clerk who issued it, the marriage is solemnized under New Mexico law.
N.M. Stat. § 40-1-3. Ceremony by religious society.
It is lawful for any religious society or federally recognized Indian nation, tribe or pueblo to solemnize marriage conformably with its rites and customs, and the secretary of the society or the person authorized by the society or federally recognized Indian nation, tribe or pueblo shall make and transmit a transcript to the county clerk certifying to the marriages solemnized.
History: Laws 1862-1863, p. 66; C.L. 1865, ch. 75, § 8; C.L. 1884, § 984; C.L. 1897, § 1421; Code 1915, § 3428; C.S. 1929, § 87-104; 1941 Comp., § 65-103; 1953 Comp., § 57-1-3; Laws 1983, ch. 193, § 2; 1989, ch. 78, § 2; 2013, ch. 144, § 3.
Finalizing the Marriage
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
While completing the marriage ceremony is a big part of the officiant's job, the minister must be certain to complete the marriage license after the ceremony. This includes obtaining the signatures of both members of the couple. When completing the minister's section, the officiant should name the Universal Life Church as the ordaining body. The officiant should also affix his or her home address as the address for the church. Finally, the minister must return the properly completed marriage certificate to the issuing county clerk within 90 days. Then, the county clerk ensures the completed document becomes part of the official New Mexico family record.