FOR ALL APPLICANTS:
- Twenty-five dollars ($25.00) in cash, payable at the time of application. No Exceptions.
- Proof of age and identity required. Proof of age and identity is normally satisfied with a government-issued photo ID.
- Both applicants must appear in person. If an applicant is unable to appear in person, authorization to issue the marriage license must be provided by a District Judge.
- BE PREPARED TO SIGN YOUR LEGAL NAME AND PROVIDE YOUR SS#. THIS IS A LEGAL DOCUMENT YOUR NAME SHOULD BE CONSISTENT ON ALL LEGAL DOCUMENTATION.
- Marriage licenses must be purchased before the ceremony. The license is valid for a ceremony taking place anywhere within the State of New Mexico. The signed license must be returned to the County Clerk’s Office where it was issued within ninety (90) days of the ceremony. (NO ADDITIONAL CHARGE FOR RECORDING)
- If the certificate is destroyed or misplaced you will be required to purchase another license. Only in extreme circumstances, with the approval of the County Clerk will a license be replaced.
- Certified copies of the license on file may be obtained after recording for $2.00 per copy. Social Security, MVD, insurance companies or other business related entities may require a certified copy to change your information or marital status.
FOR APPLICANTS WHO ARE 16 OR 17 YEARS OLD:
- In addition to the above, you must have:
- An original or certified copy of your birth certificate.
- The written consent of each living parent listed on the birth certificate.
- Written consent shall be provided in person at the Clerk’s Office. If a parent is deceased, a certified copy of the death certificate is required. If a parent is not deceased and is unable or unwilling to provide written consent, authorization to issue the marriage license must be provided by a District Judge. IT IS A CRIME IN THE STATE OF NEW MEXICO TO FALSIFY DOCUMENTATION, PUNISHABLE BY A FINE UP TO $20,000 OR IMPRISONMENT AS DETERMINED BY A COURT OF LAW.
FOR APPLICANTS WHO ARE UNDER 16 YEARS OF AGE:
- Must provide an order from Children’s Family Court Division or a District Judge. The order will remain on file in the County Clerk’s office with the application for a marriage license. (NO EXCEPTIONS)
A. The county clerk shall not issue a marriage license to an un-emancipated 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.