Getting Married in New Mexico: Legal Guide for Couples
New Mexico has specific legal requirements for marriage including obtaining a license from any county clerk, no waiting period, and no blood tests. Both parties must appear in person with valid identification, pay the license fee (typically $25-$50), and the license remains valid for use within 30 days of issuance.
Marriage creates significant legal rights and responsibilities including property rights, inheritance rights, and potential tax implications. Understanding these legal aspects before your wedding day can help ensure a smooth transition into married life under New Mexico law.
Key Considerations
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements (NMSA § 40-1-10)
In New Mexico, couples must obtain a marriage license from any county clerk before getting married. Both parties must appear in person, provide identification, and pay a fee (typically $25-$50). There is no waiting period after receiving the license, and it's valid for use within 30 days anywhere in New Mexico.
Age Requirements (NMSA § 40-1-6)
New Mexico law requires both parties to be at least 18 years old to marry without parental consent. Minors who are 16 or 17 may marry with written consent of parents or legal guardians. Marriage under age 16 requires judicial approval in addition to parental consent.
Community Property Laws (NMSA § 40-3-8)
New Mexico is a community property state, meaning that most property and debts acquired during marriage are considered jointly owned by both spouses, regardless of who earned the income or whose name is on the title. Understanding these laws is important for financial planning and potential future asset division.
Name Change Options (NMSA § 40-8-1)
In New Mexico, either spouse may legally change their surname after marriage by using their marriage certificate. This can be done when applying for a new Social Security card and driver's license. No court petition is required for marriage-related name changes.
Covenant Marriage Option (NMSA § 40-11A-1)
New Mexico offers couples the option of a covenant marriage, which requires premarital counseling and makes divorce more difficult to obtain. This is a voluntary choice that couples make when applying for their marriage license, and it demonstrates a higher level of commitment to the marriage.
Regional Variances
Marriage License Requirements in New Mexico
In Albuquerque (Bernalillo County), marriage licenses are issued by the County Clerk's office. Both parties must appear in person with valid photo ID. The fee is $25, payable by cash, credit card, or money order. No blood tests or waiting periods are required. The license is valid for use anywhere in New Mexico and does not expire.
Santa Fe County requires both applicants to appear in person at the County Clerk's office with valid government-issued photo ID. The fee is $25. Santa Fe County offers a unique service where couples can apply for their marriage license online before visiting the office, which can expedite the in-person process.
In Las Cruces (Doña Ana County), marriage licenses cost $25 and both parties must appear together with valid ID. The County Clerk's office offers extended hours on certain days to accommodate working couples. Las Cruces also allows couples to start their application online before coming to the office.
Taos County has specific requirements for marriage ceremonies performed within pueblo lands, which may require additional tribal permissions or adherence to tribal customs. Couples planning to marry on pueblo lands should consult with both the County Clerk and tribal authorities.
San Juan County, which includes parts of the Navajo Nation, has special considerations for marriages involving tribal members. Couples may need to navigate both state and tribal requirements. The County Clerk can provide guidance on these dual jurisdictional issues.
Marriage Ceremony Requirements in New Mexico
New Mexico allows self-solemnization, meaning couples can legally marry themselves without an officiant. This is unique compared to many other states and provides flexibility for couples who prefer a private ceremony or cannot find an officiant.
Marriages performed on sovereign tribal lands (such as pueblos or reservations) may have additional requirements set by tribal authorities. These ceremonies may need to follow specific tribal customs and may require permission from tribal leadership.
Santa Fe has specific regulations regarding outdoor ceremonies at public landmarks or historic sites. Permits may be required for ceremonies at popular locations like the Plaza or Canyon Road, and should be secured well in advance, especially during tourist season.
Albuquerque requires special permits for ceremonies in city parks or the Botanic Garden. The city has specific noise ordinances that may affect outdoor ceremonies with amplified music, particularly in residential areas or after certain hours.
Name Change Procedures After Marriage
In Bernalillo County, name changes after marriage require the certified marriage certificate to be presented at the Social Security Administration office first, followed by the MVD for driver's license updates. The county offers expedited marriage certificate processing for an additional fee.
Santa Fe County provides a comprehensive name change packet with the marriage license that includes all necessary forms and instructions for changing names with various government agencies and private entities.
Las Cruces (Doña Ana County) offers a unique service where newly married couples can schedule appointments with the local Social Security office at the time they receive their marriage license, streamlining the name change process.
Suggested Compliance Checklist
Apply for a Marriage License
30 days before wedding days after startingIn New Mexico, both parties must appear in person at any county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and know your Social Security numbers. The fee is typically $25, though it varies by county. There is no waiting period in New Mexico, and the license is valid for 90 days from issuance.
Consider a Prenuptial Agreement
60 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In New Mexico, prenups must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. For the agreement to be enforceable, both parties should have independent legal counsel review it before signing.
Update or Create a Will
90 days after wedding days after startingMarriage automatically changes certain inheritance rights in New Mexico. Update your existing will or create a new one to ensure your assets are distributed according to your wishes. Without a will, New Mexico intestacy laws will determine how your property is divided, with your spouse typically receiving a significant portion.
Create Healthcare Power of Attorney
90 days after wedding days after startingThis document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In New Mexico, the document must be signed by you and witnessed by two adults who are not your healthcare agent, healthcare provider, or related to either.
Create Durable Power of Attorney
90 days after wedding days after startingThis document authorizes your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In New Mexico, it must be signed before a notary public to be valid. Consider whether you want the power to be effective immediately or only upon incapacity ('springing').
Update Beneficiary Designation Forms
60 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in New Mexico, so you must update them manually if you want your spouse to be a beneficiary.
Apply for Name Change (if applicable)
30 days after wedding days after startingIf either spouse wishes to change their name after marriage, you'll need your certified marriage license to update your name with the Social Security Administration first, then with the New Mexico MVD for your driver's license. The marriage license serves as legal documentation for the name change in New Mexico.
Research Health Insurance Options
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment. You typically have 30-60 days after marriage to make these changes. Compare options between both spouses' employers to determine the best coverage for your new family.
Update Health Insurance Coverage
60 days after wedding days after startingAfter researching options, submit the necessary forms to add your spouse to your health insurance plan or make other coverage changes. You'll need to provide a copy of your marriage certificate and complete any required forms from your insurance provider or employer's HR department.
Consider Joint Banking Options
60 days after wedding days after startingDecide whether to maintain separate accounts, create joint accounts, or use a combination approach. New Mexico is a community property state, meaning most assets acquired during marriage are considered jointly owned regardless of whose name is on the account, but there are exceptions for inheritances and gifts.
Open Joint Bank Accounts (if desired)
90 days after wedding days after startingIf you decide to have joint accounts, visit your chosen financial institution with your spouse. Both parties will need to bring government-issued photo ID and your marriage certificate may be helpful. You'll complete an application and receive new account information and possibly new debit cards.
Update Address Information (if applicable)
30 days after wedding days after startingIf either spouse is relocating, update your address with the postal service, employers, financial institutions, insurance companies, and government agencies. In New Mexico, you must update your driver's license address within 30 days of moving to comply with state law.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In New Mexico, both parties must appear in person at any county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and know your Social Security numbers. The fee is typically $25, though it varies by county. There is no waiting period in New Mexico, and the license is valid for 90 days from issuance. | - | 30 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In New Mexico, prenups must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. For the agreement to be enforceable, both parties should have independent legal counsel review it before signing. | Prenuptial Agreement | 60 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in New Mexico. Update your existing will or create a new one to ensure your assets are distributed according to your wishes. Without a will, New Mexico intestacy laws will determine how your property is divided, with your spouse typically receiving a significant portion. | Updated Will | 90 days after wedding |
| Create Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In New Mexico, the document must be signed by you and witnessed by two adults who are not your healthcare agent, healthcare provider, or related to either. | Healthcare Power of Attorney | 90 days after wedding |
| Create Durable Power of Attorney | This document authorizes your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In New Mexico, it must be signed before a notary public to be valid. Consider whether you want the power to be effective immediately or only upon incapacity ('springing'). | Durable Power of Attorney | 90 days after wedding |
| Update Beneficiary Designation Forms | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in New Mexico, so you must update them manually if you want your spouse to be a beneficiary. | Beneficiary Designation Forms | 60 days after wedding |
| Apply for Name Change (if applicable) | If either spouse wishes to change their name after marriage, you'll need your certified marriage license to update your name with the Social Security Administration first, then with the New Mexico MVD for your driver's license. The marriage license serves as legal documentation for the name change in New Mexico. | Name Change Application | 30 days after wedding |
| Research Health Insurance Options | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment. You typically have 30-60 days after marriage to make these changes. Compare options between both spouses' employers to determine the best coverage for your new family. | - | 30 days after wedding |
| Update Health Insurance Coverage | After researching options, submit the necessary forms to add your spouse to your health insurance plan or make other coverage changes. You'll need to provide a copy of your marriage certificate and complete any required forms from your insurance provider or employer's HR department. | Health Insurance Coverage Change Form | 60 days after wedding |
| Consider Joint Banking Options | Decide whether to maintain separate accounts, create joint accounts, or use a combination approach. New Mexico is a community property state, meaning most assets acquired during marriage are considered jointly owned regardless of whose name is on the account, but there are exceptions for inheritances and gifts. | - | 60 days after wedding |
| Open Joint Bank Accounts (if desired) | If you decide to have joint accounts, visit your chosen financial institution with your spouse. Both parties will need to bring government-issued photo ID and your marriage certificate may be helpful. You'll complete an application and receive new account information and possibly new debit cards. | Joint Bank Account Application | 90 days after wedding |
| Update Address Information (if applicable) | If either spouse is relocating, update your address with the postal service, employers, financial institutions, insurance companies, and government agencies. In New Mexico, you must update your driver's license address within 30 days of moving to comply with state law. | - | 30 days after wedding |
Frequently Asked Questions
In New Mexico, both parties must be 18 years or older (or have parental/guardian consent if between 16-17). You'll need to apply for a marriage license at any county clerk's office in New Mexico, provide valid identification (driver's license, passport, etc.), and pay a fee (typically $25-$50). There's no waiting period in New Mexico, so you can get married the same day you receive your license. The license is valid for 90 days from issuance, and you'll need an officiant and potentially witnesses depending on your ceremony type.
No, New Mexico does not require blood tests or medical examinations before marriage. This requirement has been eliminated in all 50 states, including New Mexico.
Yes, same-sex marriage has been legal in New Mexico since December 2013, when the New Mexico Supreme Court ruled that denying marriage licenses to same-sex couples violated the state constitution. This was before the 2015 U.S. Supreme Court decision that legalized same-sex marriage nationwide.
New Mexico is one of nine community property states in the U.S. This means that most property and debt acquired during the marriage is considered to be owned equally (50/50) by both spouses, regardless of who earned the income or whose name is on the title. Property owned before marriage or received as a gift or inheritance typically remains separate property. Understanding these laws is important for financial planning in your marriage.
Name changes after marriage are optional in New Mexico, not mandatory. If you choose to change your name, your marriage certificate serves as the legal document needed to update your name with the Social Security Administration, DMV, and other institutions. You can take your spouse's last name, hyphenate, create a new last name, or keep your original name.
Yes, prenuptial agreements (prenups) are generally enforceable in New Mexico if they meet certain requirements. The agreement must be in writing, signed voluntarily by both parties, include full financial disclosure, and not be unconscionable. It's recommended that each party have independent legal counsel review the agreement. New Mexico courts may not enforce provisions regarding child custody or support, as these must be determined based on the best interests of the child at the time of divorce.
In New Mexico, you can have either a religious or civil ceremony, both of which are legally valid. A religious ceremony is performed by an ordained religious official (minister, priest, rabbi, etc.) according to the practices of that religion. A civil ceremony is performed by a judge, magistrate, or other authorized public official. For both types, you need a valid marriage license, and the officiant must complete and return the license to the county clerk's office after the ceremony.
Non-residents can get married in New Mexico without any special requirements or waiting periods. You'll follow the same process as residents: apply for a marriage license at any county clerk's office with proper identification and the required fee. Your marriage will be recognized in your home state and federally. Just be sure to check if your home state has any specific requirements for recognizing out-of-state marriages, though this is rarely an issue since the Full Faith and Credit clause of the U.S. Constitution generally requires states to recognize marriages performed in other states.