Marriage is contemplated by the law as a civil contract, for which the consent of the contracting parties, capable in law of contracting, is essential. History: Laws 1862-1863, p. 64; C.L. 1865, ch. 75, § 2; C.L. 1884, § 978; C.L. 1897, § 1415; Code 1915, § 3425; C.S. 1929, § 87-101; 1941 Comp., § […]
A. Each couple desiring to marry pursuant to the laws of New Mexico shall first obtain a license from a county clerk of this state and following a ceremony conducted in this state file the license for recording in the county issuing the license. B. To obtain a marriage license, the couple shall personally appear […]
The county clerk shall receive a fee of twenty-five dollars ($25.00) for issuing, acknowledging and recording a marriage license and marriage certificate. Fifteen dollars ($15.00) of each fee shall be remitted by the county treasurer to the state treasurer, within fifteen days of the last day of each month, for credit to the children’s trust […]
History: 1953 Comp., § 57-1-10.2, enacted by Laws 1957, ch. 33, § 2; 1978 Comp., § 40-1-12, repealed by Laws 2013, ch. 144, § 14. ANNOTATIONS Repeals. — Laws 2013, ch. 144, § 14 repealed 40-1-12 NMSA 1978, as enacted by Laws 1957, ch. 33, § 2, relating to exceptions, effective June 14, 2013. For […]
History: 1953 Comp., § 57-1-10.3, enacted by Laws 1957, ch. 33, § 3; 1978 Comp., § 40-1-13, repealed by Laws 2013, ch. 144, § 14. ANNOTATIONS Repeals. — Laws 2013, ch. 144, § 14 repealed 40-1-13 NMSA 1978, as enacted by Laws 1957, ch. 33, § 3, relating to penalties, effective June 14, 2013. For […]
Prior to a ceremony, all persons authorized to solemnize marriage shall require the parties contemplating marriage to produce a license signed and sealed by the county clerk issuing the license. Nothing in Chapter 40, Article 1 NMSA 1978 shall excuse any person authorized by the laws of this state to solemnize the contract of marriage […]
A. It is the duty of all persons solemnizing the contract of marriage in this state to certify the marriage to the county clerk within ninety days from the date of the marriage ceremony. Upon ensuring the information on the certificate is complete and legible, the county clerk shall immediately upon receipt of the certificate […]
A. A child born to parents who are not married to each other has the same rights pursuant to the law as a child born to parents who are married to each other. B. Nothing in Chapter 40, Article 1 NMSA 1978 shall be construed to in any manner interfere with the records kept by […]
To ensure a uniform system of records of all marriages contracted and the better preservation of the records for future reference, the form of application, license and certificate shall be substantially as provided in Section 40-1-18 NMSA 1978, each blank to be numbered consecutively corresponding with the page number of the record book in the […]
APPLICATION FOR MARRIAGE LICENSE No. _________ STATEMENTS RECEIVED AND FILED IN COUNTY CLERK’S OFFICE at ______ o’clock ______ .M. ________________________________________ 19 _______ DATE OF PREMARITAL PHYSICAL EXAMINATION Bride _______________________________________________ Groom ______________________________________________ COUNTY CLERK __________________________ COUNTY By __________________________________________ Deputy To the County Clerk: We the undersigned hereby make application to be united in marriage and certify […]
A. For failure to perform the county clerk’s responsibilities and duties pursuant to Chapter 40, Article 1 NMSA 1978, a county clerk is responsible on the county clerk’s official bond for damages suffered by the injured party. B. A person who performs the marriage ceremony or certifies a marriage to the county clerk, who neglects […]
All marriages celebrated or contracted in the territory of New Mexico, during the year A.D. 1905, without the persons entering into the marriage relation, having first obtained a license from the probate clerk of the proper county, but which marriages were valid according to the law as it existed prior to April 13, 1905, are […]
History: Laws 1876, ch. 31, § 3; C.L. 1884, § 994; C.L. 1897, § 1427; Code 1915, § 3432; C.S. 1929, § 87-108; 1941 Comp., § 65-108; 1953 Comp., § 57-1-8; 1978 Comp., § 40-1-8, repealed by Laws 2013, ch. 144, § 14. ANNOTATIONS Repeals. — Laws 2013, ch. 144, § 14 repealed 40-1-8 NMSA […]
No marriage between relatives within the prohibited degrees or between or with persons under the prohibited ages shall be declared void except by a decree of the district court upon proper proceedings. A cause of action may be instituted by the minor, by next friend, by either parent or legal guardian of the minor or […]
