New Mexico Marriage Records

New Mexico marriage records provide official records of persons who are married (or intend to marry) in the state. Such records typically contain data collected during marriage license applications, certificates, and documents filed after the wedding. Some of the information that may be found in a marriage record includes the names of both spouses and the date and location of the wedding. Marriage records may also include the name of the wedding officiant and witnesses.

Before civil authorities maintained marriage and other New Mexico family court records, churches were the primary institutions recording marriages. These church records are valuable resources for genealogical research, especially for periods before the establishment of formal government record-keeping.

New Mexico Marriage records are vital for various reasons. Certified documents can be used during official processes that call for proof of identity and union, such as name changes, insurance policies, or spousal benefits. Civil records, maintained by government authorities, serve as the official documentation of marriage events. Genealogy researchers also use marriage records when tracing family lines. Historical marriage records can be substantial evidence of a marriage, especially when other official documents are unavailable.

What Types of Marriage Records Are Available in New Mexico?

Record seekers can obtain different marriage records in New Mexico. These records are created at various stages of the marriage process, ranging from information saved during the license application process to those filed after the wedding ceremony.

The appropriate authorities officially record these marriage events, ensuring their legal validity.

New Mexico Marriage License

New Mexico marriage licenses are legal documents issued by the county clerk authorizing the bride and groom to marry. Under state laws (Section 40-1-10), licenses are mandatory before any marriage, and a marriage license is required by law. Couples who marry in New Mexico without obtaining a marriage license are considered not legally wed. As part of the application process, both parties must meet specific requirements, including being old enough to marry. Marriage licenses are also only issued to applicants who are not already married. The marriage event is officially documented once the license is issued and the ceremony is performed.

Note: Marriage licenses issued in New Mexico do not expire, so couples can get married immediately or wait longer before having a wedding ceremony.

New Mexico Marriage Certificate

A marriage certificate is a legal document issued by a New Mexico County Clerk affirming the union between two individuals. It has no validity period and only becomes invalid at the dissolution of the marriage. Certified copies of a marriage certificate can serve legal and official purposes, including applying for a passport, establishing the legitimacy of a child, and conducting genealogical research. A certified copy is an official duplicate of the original marriage certificate, bearing the county clerk's seal, and can be requested directly from the county clerk's office by following their procedures.

Applicants must complete the necessary forms and provide the required information to obtain a marriage certificate.

Note: Marriage licenses are filed and evolve into certificates after a wedding.

Are New Mexico Marriage Records Public?

New Mexico does not provide a statewide public repository for marriage records. Instead, marriage records are maintained by the County clerk in the county where the license was issued. Specific departments within the town or county government are responsible for storing and managing these records. Residents with a tangible interest can obtain copies of such documents by applying to the county office; marriage records are often held at the town or municipal level, depending on local government structure. However, access to certified copies is typically restricted to only eligible parties, such as the spouses named on the certificate. Residents may also be able to look up public civil marriage information by searching archived county Justice of the Peace records.

How to Find Marriage Records in New Mexico

Anyone can find marriage records in New Mexico by following several general steps:

Step 1. Identify the Right County

You must know where the marriage occurred to find marriage records in New Mexico. That’s because New Mexico does not provide a central statewide repository for marriage records, unlike some U.S. states. Instead, all documents are maintained by clerks in the county where the marriage license was issued.

Step 2. Gather Marriage Information

Record custodians require that requesters provide the following information to assist with the retrieval process. Some of the information that must be contained in a request includes:

• The date of marriage
• Full names of both spouses
• The date of birth of both spouses

You’ll also need to provide some personal information, such as your full name, mailing address, and reason for the request. In addition, you’ll need to specify the number of copies.

Step 3. Submit Application with Custodian

Applicants must complete a specific form when submitting their application. Completed applications and the applicable fee must be sent to the County Clerk’s office. Fees may include service charges, processing fees, and additional costs for expedited services. Acceptable payment methods typically include money order, and some counties require a money order payable to the County Clerk; personal checks are often not accepted. County offices may provide online, walk-in, or mail-in options, each offering different benefits. Walk-in applications generally have the shortest processing times, while mail-in applications provide more convenience and flexibility. If you are unable to submit the application in person or online, you may send a written request by mail. Most counties permit requesters to make payments using money orders. However, the cost of obtaining a marriage record varies with county clerks and district courts. Applicants may need to visit the county clerk's office in person for certain records, especially for older or restricted documents. You can contact the county clerk's office for more information or assistance with the process. Some counties provide a website where applicants can find forms, fee information, and instructions for searching marriage records.

How to Get a Marriage License in New Mexico

New Mexico laws require that couples obtain a marriage license from the county clerk before holding a legal wedding. Getting a permit is simple. Almost any eligible adult can get a marriage license in New Mexico by following several quick steps:

Step1. Meet the State Marriage License Requirements

To qualify for a marriage license in New Mexico, both parties must meet the state requirements for marriage. Applicants must be at least 18 years old to obtain a license. However, minors aged 16 or 17 may get a license if they provide written and signed consent from their parents or guardians. New Mexico also prohibits marriages between blood relations (half or full). This means the following parties are not allowed to obtain a marriage license:

• Siblings
• Aunts and nephews
• Uncles and nieces
• Grandparents and grandchildren

Step 2. Collect Necessary Information

Applications for a marriage license in New Mexico require both parties to provide some personal information, which goes on the record. Some of the details needed for a marriage license application include;

• Name of applicants (first, middle, and last)
• Date of birth for both applicants
• Phone number, mailing address, and current physical address
• Place of birth (City and state or city and county)

It is important to provide accurate marriage dates when completing your application, as this information is required to retrieve or verify your marriage record.

Both parties must also provide a valid government-issued photo ID, such as a driver’s license or a U.S. passport. Non-US applicants must provide two valid forms of identification. In addition, applicants from previous marriages must provide documentation proving they are now single, such as a copy of the divorce decree.

Step 3. Submit the Application at the Clerk’s Office

Completed applications must be submitted to the Clerk’s office. The person submitting the application must be present with valid photo ID, and both applicants must appear in person. Marriage licenses are typically issued Monday through Friday between 8:00 a.m. and 4:30 p.m. Licenses cost $25 on average. Unlike some states, New Mexico has no waiting period for licenses. Licenses also never expire. Once issued, both parties may hold a marriage ceremony in any part of the state. Licenses must be signed and filed with the Clerk’s office within 90 days of the marriage date, proving that the marriage occurred.

Who Can Obtain Marriage Records in New Mexico?

Anyone can obtain marriage records in New Mexico if they’re authorized. To obtain records in New Mexico, applicants must have legal standing. For instance, spouses named on the record may request certified copies from the county clerk. Marriage records can also be obtained by immediate family members, such as parents, legal guardians, siblings, or children. Other parties permitted to obtain marriage records in New Mexico include attorneys, genealogists, researchers, or an authorized representative acting on behalf of the listed groups.

In cases where official marriage records are unavailable, personal records such as family bibles or private documentation may be used to verify marriage details.

Can You Lookup Online Marriage Records For Free in New Mexico?

Searching through archived court records may provide online access to some marriage records. Some platforms also provide access to scanned images of marriage licenses and certificates. Such records typically provide publicly accessible information, such as the names of the married parties and the marriage date. Record seekers may also be able to look up some marriage records for free using third-party platforms. Operating as private entities independent of the New Mexico state government or any official agency, such sites provide access to records compiled from multiple jurisdictions across the state. Access to some records may require essential information, such as the subject’s name or marriage location.

Certain online services may require payment by credit card, including Mastercard or Visa, to access official marriage records.

Is New Mexico a Common Law State for Marriage?

New Mexico does not recognize common-law marriages. However, it recognizes the validity of common-law unions established in states that support this type of marriage. Common-law marriages refer to unions where two people are considered married without a marriage ceremony or license. Such unions are permitted in several U.S. states, including Colorado, Iowa, Kansas, Montana, Oklahoma, and Rhode Island.

Some of the general requirements that must be met to establish a common-law marriage include the following:

• Both parties must be single and old enough to marry
• Both parties must indicate their intent and willingness to marry
• Both parties must hold out to the public as husband and wife/spouses.

Unmarried couples who wish to create a legal framework for their relationship may consider a domestic partnership or cohabitation agreement. Although New Mexico does not recognize common-law marriages, relationships established via formal contracts, such as a cohabitation agreement, are legally binding. Cohabitation agreements are legal arrangements that allow couples to define the rights and responsibilities of either party. Such agreements can cover different areas, such as financial responsibility, debt obligations, child custody arrangements, and property ownership. To be legally enforceable, a cohabitation agreement must be in writing.