New Mexico Marriage Records

According to reports by the National Center for Health Statistics, New Mexico had the second-lowest marriage rate in the United States in 2022. At 4.2 marriages per 1,000 people in 2022, the state's marriage rate is way lower than the national average of 6.2 marriages per 1,000 people. In New Mexico, a marriage is a civil contract governed by certain laws and must be licensed before it may be registered as part of the state's marriage records. New Mexico marriages are a type of contract in which the state is a party, and the public is interested. Unless formally contracted or solemnized, a marriage is not recognized under the state's law.

A couple must first obtain a marriage license from any county clerk's office within the state to get married in New Mexico. The minimum age to legally get married in the state is 18 years, but there are certain exceptions for individuals aged 16 years through 17 years. Also, the state prohibits marriages between close relatives. After obtaining a marriage license, both parties to a proposed marriage are expected to marry each other and then return the license to the issuing clerk's office within a specified period for recording. In New Mexico, a marriage is not considered registered until this process is completed.

Records of registered marriages in New Mexico are considered open records and are maintained at the county level. There is no statewide public repository for New Mexico marriage records.

What are Marriage Records?

New Mexico marriage records contain details regarding the legal unions of individuals within the state. They include vital information about marriage ceremonies conducted in the state and the two parties involved. New Mexico marriage records primarily attest to legal unions between two individuals filed within the state's boundaries. They are largely generated from all the information and documentation submitted by couples during marriage license applications at the county clerks' offices. A typical New Mexico marriage record will include the name of the married spouses, their birthdates, residential addresses at the time of marriage, the marriage officiant's information, and the date and location of the marriage ceremony. It may also include details about both spouses' parents.

Marriage records are largely sourced from marriage licenses and certificates in New Mexico. Licenses are documents authorizing two individuals to get married, and they are mandatory. Any marriage consummated without first obtaining a marriage license in the state is considered illegal. Generally, New Mexico marriage records help the county and state governments keep track of their local population and make adequate provisions for them. In particular, they are used to make projections regarding fertility and population changes within the state. Marriage records are also used to scrutinize and interpret changes in the state's marriage and divorce rates.

The importance of marriage records in genealogy research and tracing family history cannot be overstated. Past marriage records in New Mexico are a reliable source of basic ancestral facts because the information they carry was provided by the couples named on them. They can reveal facts about things that occurred many years ago that other records, including death records, may not accurately detail. As legal proof of marriage, marriage records, particularly marriage certificates, may be used for many official and administrative processes. For instance, a marriage certificate may be used by spouses to sponsor each other in visa processes or apply for dependent visas. Also, with a marriage certificate, spouses may be able to access certain financial and social benefits, including insurance coverage, property ownership, and government schemes. A legal process like a name change after marriage also requires proof of marriage.

New Mexico marriage records are permanently maintained at the county level by the county clerks who issue licenses for such marriages. Unlike many other states, the state's Vital Records Office does not have marriage records on file. The office only maintains death and birth records for New Mexicans. While records of early marriages in the state were filed by the Catholic Church, none were filed with the government before 1852.

Marriages in New Mexico

In 2022, New Mexico ranked the second-lowest in the number of marriages in the United States. Compared to other states, the state has consistently ranked low in marriage rate since 2015, according to a National Center for Health Statistics report. With only about 8,780 weddings in New Mexico in 2023, the state ranked 43rd out of 51 states in the number of marriage ceremonies that year. This explains why the state's marriage rate has declined over the last few years. Cultural critics have attributed New Mexico's declining marriage rate to the weakening of the traditional family structure and its implication for raising children. Between 1990 and 2022, the change in the state's marriage rate is negative 4.2.

According to a report, about 52% of the total households in New Mexico are held by married couples. Most men in the state marry at an average age of 28.1 years, while the median marriage age for most women is 26.1 years. The Asian community (including Hispanics) in New Mexico has the highest percentage of married couples by race at 56.62% of their population. Also, at least 52.01% of the White race (non-Hispanic) demographic in the state are married. The distribution of marriage for other racial groups in New Mexico is as follows:

White Hispanic - 43.02%
Mixed race (including Hispanics) - 34.28%
Black race (including Hispanics) - 34.46%
Other races (including Hispanics) - 35.18%

State residency and blood tests are not required to obtain a marriage license or marry in New Mexico. However, as stipulated in Section 40-1-1 of the state's Statutes Annotated, the consent of two parties capable of contracting marriage is crucial. The New Mexico Statutes Annotated, Section 40-1-6 provides the following restrictions on the marriage of minors:

A county clerk may not issue a marriage license to any individual under 16 years old, and no person authorized to solemnize marriages may knowingly unite such individual in marriage unless under the following conditions:
- The family or children's court division of the District Court has authorized the marriage upon request of the minor's parent or legal guardian in settlement of proceedings to drive support and establish parentage.
- If a marriage applicant who is a minor is pregnant and a certified copy of the judicial authorization is submitted to the county clerk.

A county clerk may not issue an unemancipated person aged 16 or 17 years a marriage license, and no individual authorized to solemnize marriage in New Mexico may intentionally unite them in marriage unless under any of the following circumstances:
- The minor has obtained the written consent of their living parents (the ones named on the minor's birth certificate).
- The District Court has approved the marriage of such a minor upon request of their parent or legal guardian for a good cause shown. In this case, a certified copy of the judicial approval will be filed with the county clerk.

Furthermore, incestuous marriages are prohibited in New Mexico. Per Section 40-1-7 of the state's Statutes Annotated, any kind of marriage between relations and children, including the following are considered incestuous and totally void:

Between grandchildren and grandparents of all degrees
Between nieces and uncles
Between brothers and sisters of half or full-blood
Between nephews and aunts

How To Get Married in New Mexico

In New Mexico, it is mandatory for two individuals intending to marry each other to obtain a marriage license before their wedding. It costs $25 to obtain one. While some counties allow would-be couples to fill out the application for a marriage license online, the two parties to a marriage are typically required to be present in person to complete the application at the county clerk's office in most cases. Both parties will need two valid forms of IDs with matching names. Acceptable forms of ID include a driver's license, military ID, state-issued ID, passport, visa, Social Security card, naturalization certificate, and birth certificate.

New Mexico is one of the states with no waiting period for receiving a marriage license. This means that any marriage license obtained from the county clerk is valid immediately; a couple could get married the same day their license is issued. Also, New Mexico marriage licenses do not expire. In fact, all marriage license applications in the state are permanent records, even if they are not used for a service. After obtaining their marriage license, a couple is responsible for making arrangements for their marriage ceremony, which may only be conducted by an authorized person. Pursuant to Section 40-1-2 of the New Mexico Statutes Annotated, the following persons are authorized to solemnize two parties in the state:

An ordained member of the clergy or an authorized representative of a federally recognized tribe, Indian nation, or pueblo.
Retired or active justices, judges, and magistrates of any court established by New Mexico's constitution or the constitution of the United States.

Under New Mexico marriage laws, two witnesses, who must be at least 18 years old, must be present at a marriage ceremony. During the marriage ceremony, the authorized officiant will fill out the marriage certificate on the back of the marriage license obtained from the clerk's office. Both parties to the marriage, the marriage ceremony officiant, and the two witnesses will then sign the marriage certificate. After the marriage ceremony, it is essential for the couple to record their marriage certificate within 90 days of the wedding by returning it to the issuing county clerk's office, either by mail or in person. Once the marriage certificate is recorded, the couple may request certified copies of their marriage record.

New Mexico Marriage Certificate

A New Mexico marriage certificate is a legal document that serves as tangible proof of the union and commitment of two individuals within the state. It is a document that formalizes the bond or relationship created through marriage. New Mexico marriage certificates are created at the county level from marriage licenses issued to couples and are maintained by the county clerks. Besides being proof of marriage, a marriage certificate has other legal significance in the state. For example, individuals who opt to change their last names after marriage need their marriage certificates. A marriage certificate provides the legal basis for updating identification on several records, including social security records and driver's licenses.

Furthermore, a New Mexico marriage certificate may be used when applying for insurance coverage and spousal benefits. They also come in handy when making certain decisions relating to family planning and other family legal matters. A marriage certificate is one of the vital documents required in legal proceedings in the event that a couple decides to get a divorce. It helps the court to establish that the couple is indeed legally married. In New Mexico, two individuals who enter into a marriage that is otherwise considered void under state law will not be issued a marriage certificate.

A typical New Mexico marriage license contains information such as the full names of both parties involved in the marriage, the name and title of the marriage officiant, and the date and location of the marriage ceremony. It will also include the names of witnesses to the marriage and the marriage license number assigned to both parties when they obtained the license. Copies of a New Mexico marriage certificate may be retrieved by contacting the county clerk of the county where the marriage license was issued.

How To Find and Access New Mexico Marriage Records

In New Mexico, it is important first to identify the county where a marriage license was issued in order to find and access the marriage record. This is because, unlike many other states, marriage records are primarily maintained by county clerks in New Mexico. The state has no centralized repository for such records. Generally, to facilitate smooth searches for marriage records at the county clerks' offices, requesters must provide certain details about such records, including the full name of the spouses named on the records, the date of the marriage ceremony, and the birthdates of the spouses. New Mexico marriage records from 1852 to the present may be obtained from county clerks online or offline, depending on the county.

Accessing New Mexico Marriage Records Offline

County clerks' offices in New Mexico make marriage records for licenses issued by them available to members of the public who submit their requests in person or by mail. Counties may have different procedures for handling both retrieval options, and the requirements may differ. Hence, it is essential to contact the office of the county clerk before submitting an in-person or mail-in request for any marriage record in New Mexico. Some counties may even provide dedicated application forms for mail requests. While in-person requests may have the shortest processing and retrieval times, most people generally prefer mail-in applications because they offer more convenience.

Accessing New Mexico Marriage Records Online

In addition to in-person and main-in marriage records application options, some county clerks allow interested individuals to find and access New Mexico marriage records in their custody online. For instance, the Bernalillo County Clerk's office maintains an online database that allows people to find, access, and order records of marriage for all marriage licenses issued in the county. Similarly, Chaves County's Public Document Search may be used to find records of marriages registered within the county. This is the most convenient option for accessing New Mexico marriage records.

Generally, regardless of the retrieval options requesters choose, they are usually required to include their names, mailing addresses, and the reason for making such requests.

References

Counties in New Mexico

List of Content

What are Marriage Records?
Marriages in New Mexico
1. How To Get Married in New Mexico
2. New Mexico Marriage Certificate
How To Find and Access New Mexico Marriage Records
1. Accessing New Mexico Marriage Records Offline
2. Accessing New Mexico Marriage Records Online