Best Marriage Lawyers in New Mexico

About Marriage Law in New Mexico, United States

Marriage in New Mexico is governed by state laws that set out the requirements for getting married, as well as the rights and obligations of married couples. Whether you are planning to tie the knot or need help with marriage-related legal matters, understanding the rules is essential. New Mexico recognizes both ceremonial marriages and, in limited circumstances, common-law marriages created in other jurisdictions. The state follows no-fault principles, allowing couples to marry or dissolve marriages without proving the fault of either party. Marriage laws in New Mexico address issues such as age requirements, consent, licensing, and the recognition of marriages performed elsewhere.

Why You May Need a Lawyer

Legal assistance may become necessary before, during, or after marriage for many reasons in New Mexico. Common situations where a lawyer's help is valuable include:

• Drafting or reviewing prenuptial and postnuptial agreements
• Assisting with name changes following marriage
• Ensuring compliance with state and federal requirements for marriage licenses
• Advising on property rights and division, especially in community property states like New Mexico
• Handling complications involving previous marriages or divorces
• Addressing issues around legal age, consent, or guardianship
• Helping with recognition of foreign or out-of-state marriages
• Navigating disputes or legal separations
• Protecting interests in cases involving inheritance or estate planning for married couples
• Clarifying rights and duties in same-sex marriages

Consulting an attorney can provide clarity, protect your rights, and ensure all legal steps are properly followed.

Local Laws Overview

Key aspects of marriage laws unique or especially relevant to New Mexico include:

• Minimum Age: Both parties must be at least 18 years old. Minors aged 16 or 17 may marry with parental consent. Under limited circumstances, younger minors may marry with both parental consent and court approval.
• Marriage License: Couples must obtain a marriage license from a county clerk. There is no residency requirement, and there is no waiting period in most cases.
• Identification and Documentation: Applicants need valid government-issued identification, and may need to provide divorce decrees or death certificates if previously married.
• Blood Tests: New Mexico does not require blood tests for marriage.
• Common-Law Marriage: New Mexico does not allow the formation of new common-law marriages within the state but will recognize valid common-law marriages established in other states.
• Same-Sex Marriage: Same-sex marriages have been legally recognized in New Mexico since 2013.
• Prohibited Degrees of Relationship: Marriages between close blood relatives such as siblings, parents and children, or first cousins are not permitted.
• Community Property: New Mexico is a community property state, meaning most property acquired during marriage is owned jointly by both spouses.

Frequently Asked Questions

What documents do we need to apply for a marriage license in New Mexico?

Both applicants must provide valid government-issued photo identification, such as a driver's license or passport. If previously married, a divorce decree or death certificate is required.

Is there a waiting period for marriage in New Mexico?

There is no waiting period. You can marry immediately after receiving your marriage license.

How much does it cost to get a marriage license?

The cost of a marriage license varies by county but is typically around $25. Fees may be subject to change, so check with the local county clerk.

Can non-residents of New Mexico get married in the state?

Yes, there is no residency requirement for marriage in New Mexico. Anyone can apply for a marriage license here.

What age can someone marry in New Mexico?

The legal age to marry is 18. Sixteen and 17-year-olds can marry with parental consent. Younger minors need both parental consent and a court order, which is granted under very limited circumstances.

Are same-sex marriages recognized in New Mexico?

Yes, same-sex couples have the same legal right to marry as opposite-sex couples in New Mexico.

Can we have a friend or relative officiate our wedding?

Anyone who is authorized under New Mexico law, such as ordained ministers, judges, or certain public officials, can officiate a marriage. Some online ordinations are accepted by New Mexico authorities.

What is community property and how does it affect our marriage?

Community property means that most property and debts acquired during marriage are considered jointly owned by both spouses and are usually divided equally in the event of divorce.

Do we need a blood test to get married in New Mexico?

No, blood tests are not required for a marriage license in New Mexico.

Does New Mexico recognize common-law marriage?

New Mexico does not allow parties to establish a new common-law marriage within the state, but will recognize valid common-law marriages created in other states.

Additional Resources

If you have questions or need further assistance regarding marriage laws in New Mexico, these resources and organizations can offer help:

• New Mexico Courts - Information on marriage licenses and legal forms
• New Mexico Office of Vital Records - Marriage certificate information and name changes
• Local County Clerk Offices - Application processes and local requirements
• New Mexico State Bar Association - Find attorneys for family and matrimonial law
• Equality New Mexico - Resources for LGBTQ+ individuals and families

Next Steps

If you need legal assistance regarding marriage in New Mexico, consider the following actions:

• Gather all relevant documents, including identification, prior marriage dissolution paperwork, and any agreements such as prenups
• Contact your local county clerk for answers to licensing questions
• Consult with a licensed attorney experienced in New Mexico family or matrimonial law, especially for complex situations such as property division, questions about legal status, or unique family arrangements
• Use reputable resources such as the New Mexico State Bar for referrals and legal clinics
• Prepare a list of questions or concerns ahead of your legal consultation to ensure clarity and efficient assistance

Remember, marriage is not only a significant personal commitment but also a legal one with lasting consequences. Seeking timely legal advice can provide peace of mind and ensure your interests are protected.