A. The civil contract of marriage is entered into when solemnized as provided in Chapter 40, Article 1 NMSA 1978. As used in Chapter 40, Article 1 NMSA 1978, “solemnize” means to join in marriage before witnesses by means of a ceremony.
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World Christianship Ministries
Perform Legal Marriage Ceremonies in New Mexico
41+ Years of Ordaining People as Independent Christian Ministers
Fast, Reliable Ordination
Perform Legal Marriage Ceremonies in New Mexico
41+ Years of Ordaining People as Independent Christian Ministers
Fast, Reliable Ordination
Become a Legally Ordained Licensed Minister in New Mexico.
You will have authority almost immediately to do Marriage and Wedding
ceremonies. You can become a Marriage Minister and earn a good part time or
full time income. You can do wedding services for family and friends.
Ordination for Christians is Simple and Quick.
Quick Honest Ordination for Christians - Senior Citizens Welcome
Authority to do Legal Wedding Ceremonies in the State of New Mexico
Authority to do Legal Wedding Ceremonies in the State of New Mexico
New Mexico Marriage Laws
Follow the 3 step Procedure Below for Fast Ordination
1. Get Ordained -
View information about what World Christianship Ministries offers and
our brief application. Click Blue Apply Now Button below.
2. Apply for ordination in one of 4 Ways: After completing the brief application you may: Call in your application, Fax in your application, PDF your application to us by E-Mail, or Mail in your application.
3. Perform the wedding ceremony....We
suggest you get a copy of World Christianship Ministries "Marriage
Minister Handbook" before doing a wedding. It is a "straight to
the point" guide for everything concerning the wedding such as:
handling the Marriage License, where people stand, example marriage
ceremonies, opportunities open to you as a Marriage Minister,
Advertising, Location of Ceremonies, what to wear, and more. (Based on
over 2,500 weddings performed by the Administrator of WCM).
Who can do Marriages in New Mexico
New Mexico Marriage Statutes, Laws
B. A person who is an
ordained member of the clergy or who is an authorized representative of a
federally recognized Indian nation, tribe or pueblo may solemnize the
contract of marriage without regard to sect or rites and customs the
person may practice.
C. Active or retired judges,
justices and magistrates of any of the courts established by the
constitution of New Mexico, United States constitution, laws of the
state or laws of the United States are civil magistrates having
authority to solemnize contracts of marriage. Civil magistrates
solemnizing contracts of marriage shall charge no fee therefor.
Other Marriage Laws, Statutes in New Mexico
40-1-1 Marriage is civil contract requiring consent of parties
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.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-3 Ceremony by religious society
It is lawful for any religious society or federally recognized
Indian tribe to celebrate marriage conformably with its rites and
customs, and the secretary of the society or the person presiding over
the society or federally recognized Indian tribe shall make and transmit
a transcript to the county clerk certifying to the marriages
solemnized.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-4 Lawful marriages without the state recognized
All marriages celebrated beyond the limits of this state, which
are valid according to the laws of the country wherein they were
celebrated or contracted, shall be likewise valid in this state, and
shall have the same force as if they had been celebrated in accordance
with the laws in force in this state.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-5 Minors; consent of [parent or] guardian necessary
No person under the age of majority can marry, unless he obtains
the consent of his parent, guardian or of the person under whose charge
he is, and for that purpose the presence of those parties, or of a
certificate in writing authenticated before competent authority, is
required. No person under the age of sixteen years may marry, with or
without the consent of his parent or guardian, unless the marriage is
authorized under the provisions of Subsection B of Section 40-1-6 NMSA
1978.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-6 Restrictions on marriage of minors
A. No person authorized by the laws of this state to celebrate marriages shall knowingly unite in marriage:
(1) any person under the age of eighteen years without the consent of his parent or guardian; or
(2) any person under the age of sixteen years with or without the consent of his parent or guardian.
B. The children's or family court division of the district court may
authorize the marriage of persons under the ages stated in Subsection A
of this section in settlement of proceedings to compel support and
establish parentage, or where the female is under the age of consent and
is pregnant, if the marriage would not be incestuous.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-7 Incestuous marriages
All marriages between relations and children, including
grandfathers and grandchildren of all degrees, between half brothers and
sisters, as also of full blood; between uncles and nieces, aunts and
nephews, are hereby declared incestuous and absolutely void. This
section shall extend to illegitimate as well as to legitimate children.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-8 Contracting or performing ceremony for unlawful marriage; penalty
If any person prohibited from contracting marriage by the
foregoing sections, shall violate the provisions thereof by contracting
marriage contrary to the provisions of said sections, he or they shall
be punished by fine on conviction thereof, in any sum not less than
fifty dollars [($50.00)]; and every person authorized under the laws of
this state to celebrate marriages, who shall unite in wedlock any of the
persons whose marriage is declared invalid by the previous sections of
this chapter, on conviction thereof, shall be fined in any sum not less
than fifty dollars [($50.00)].
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-9 Prohibited marriages; annulment
No marriage between relatives within the prohibited degrees or
between or with infants under the prohibited ages, shall be declared
void, except by a decree of the district court upon proper proceedings
being had therein. A cause of action may be instituted by the minor, by
next friend, by either parent or legal guardian of such minor or by the
district attorney. In the case of minors, no party to the marriage who
may be over the prohibited age shall be allowed to apply for or obtain a
decree of the court declaring such marriage void; but such minor may do
so, and the court may in its discretion grant alimony until the minor
becomes of age or remarries. All children of marriage so declared void
as aforesaid shall be deemed and held as legitimate with the right of
inheritance from both parents; and also in the case of minors, if the
parties should live together until they arrive at the age under which
marriage is prohibited [permitted] by statute, then and in that case,
such marriage shall be deemed legal and binding.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-10 License required; county clerk
Each couple desiring to marry in New Mexico shall obtain a license
from a county clerk and file the same for recording in the county
issuing the license, following the marriage ceremony. Except as provided
in Section 40-1-6 NMSA 1978, a county clerk shall issue no license for
the marriage of any person under the age of majority without the consent
of his parent or guardian. It shall be the duty of each county clerk to
require the affidavit of at least two reliable persons who are
acquainted with the age of the applicant for license, as to the age of
whom a county clerk may be in doubt, and the failure of any county clerk
to perform his duty under this section shall be grounds for the removal
of the county clerk from office, in the manner provided for the removal
from office of county officers for misfeasance or malfeasance in
office.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-11 Certificate required
A. Before any county clerk issues any marriage license, each
applicant for a marriage license shall file with the county clerk a
certificate from a physician licensed to practice medicine, which
certificate shall state that the applicant has had those tests and
examinations as required by regulation of the health and environment
department [department of health]. Such tests and examinations shall be
made not more than thirty days prior to the date of application for
license. The certificate shall state that medical evaluation or that
treatment, as indicated, has been made such that there is no bar to
marriage, as specified by the regulations of the health and environment
department [department of health].
B. The certificate of the physician shall be on a form to be provided
and distributed by the health services division [department of health]
to all officers authorized to issue marriage licenses and to all
physicians within the state.
C. The secretary of health and environment [secretary of health] shall
make rules and regulations and employ personnel necessary to effectuate
the purposes of Sections 40-1-11 through 40-1-13 NMSA 1978. If
regulations require a laboratory test, it shall be done in a laboratory
approved by the secretary of health and environment [secretary of
health].
D. A county clerk shall accept, in lieu of the physician's certificate, a
certificate from any other state having premarital laws, if issued
within the time limits prescribed in Subsection A of this section and if
such laws meet the regulations of the secretary of health and
environment [secretary of health].
E. 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 fund.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-12 Exceptions
On application to a judge of a court of record, the court for good
cause shown may order the provisions of Section 1 [40-1-11 NMSA 1978]
waived and a certified copy of said order shall be filed with the county
clerk.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-13 Penalty
Failure of any county clerk to perform his duty under Section 1
[40-1-11 NMSA 1978] shall be grounds for removal, in the manner provided
for removal from office of county officers for misfeasance or
malfeasance in office.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-14 Production of license and proof of legal qualifications
All persons authorized to solemnize marriage shall require the
parties contemplating marriage to produce a license signed and sealed by
the county clerk authorizing said marriage. Nothing in this chapter
shall excuse any person from exercising the same care in satisfying
himself as to the legal qualifications of any parties desiring him to
perform the marriage ceremony, now required of him by law, in addition
to the authority conferred by the license aforesaid.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-15 Certification of marriages; recording and indexing
It shall be the duty of all persons performing the marriage
ceremony in this state as herein provided, to certify said marriage to
the county clerk within ninety days from the date of marriage. The
county clerk shall immediately upon receipt of said certificate cause
the same to be properly recorded and indexed in a permanent record book
kept for that purpose as a part of the county records.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-16 Application of law
Nothing in this chapter shall be construed to in any manner
interfere with the records kept by any civil magistrate, religious
society or church organization, or with any additional form of ceremony,
regulation or requirement prescribed by them.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-17 Blank forms required for records
To insure a uniform system of records of all marriages hereafter
contracted, and the better preservation of said record for future
reference, the form of application, license and certificate provided
herein shall be substantially as follows, each blank to be numbered
consecutively corresponding with page number of the record book in the
clerk's office; all such blanks to be provided free of cost by the
county for public use.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-18 Form of application, license and certificate
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 that we are not related within the degree
prohibited by the laws of this state; that neither is bound by marriage
to another; that there exists no legal impediment to this marriage; and
that the information contained herein is correct.
Male Applicant
Female Applicant
Date of Date of
Birth ________________________________ Birth ________________________________
Place of Place of
Birth ________________________________ Birth ________________________________
Present Present
Address _____________________________ Address _____________________________
_____________________________________ _____________________________________
Signature Signature
Subscribed and sworn to before me this ______________ day of ___________ A.D. 19 ___
(seal)
_____________________________________ By _____________________________ Deputy
Signature County Clerk
CONSENT OF PARENT OR GUARDIAN
(Where either party is under age)
I, the parent (guardian) of _______________________, hereby consent to
the granting of a license to marry, waiving the question of minority.
______________________________________
Signature Parent (Guardian)
I, the parent (guardian) of _______________________, hereby consent to
the granting of a license to marry, waiving the question of minority.
______________________________________
Signature Parent (Guardian)
MARRIAGE LICENSE
State of New Mexico,
ss.
County of _____________.
To any Person Authorized by Law to Perform the Marriage Ceremony:
Greeting:
You are hereby authorized to join in marriage _________________ of
_________________ and _________________ of _________________ and of this
license you will make due return to my office within the time
prescribed by law.
Witness my hand and the seal of said court at ________________ this _______________ day of ____________, 19 ____.
______________________________________
County Clerk
Recorded _____________, 19 ____, at ____ .M.
In marriage record book no. ____, page ____.
______________________________________
County Clerk
MARRIAGE CERTIFICATE
State of New Mexico,
ss.
County of _____________.
I hereby certify that on the _______________ day of ____________, A. D.,
19 ____, at ____ in said county and state, I, the undersigned, a
_______________, did join in the Holy Bonds of Matrimony in accordance
with the laws of the state of New Mexico and the authorization of the
foregoing license _________________ of _________________ and
_________________ of _________________.
Witness my hand and seal the day and year last above written.
______________________________________
(Official Title)
WITNESSES:
______________________________________
______________________________________
Signed ___________________________ Groom Signed ___________________________ Bride.
Recorded this ____________ day of ____________, A. D., 19 ____, at ____M.
Marriage Record Book No. ____, Page No. ____.
______________________________________
County Clerk
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-19 Offenses; penalty
Any county clerk, or person authorized by law to perform the
marriage ceremony, who shall neglect or fail to comply with the
provisions of the eight preceding sections, and any person who shall
willfully violate the law by deceiving or attempting to deceive or
mislead any officer or person authorized to perform the marriage
ceremony in order to obtain a marriage license or to be married,
contrary to law, shall be deemed guilty of a misdemeanor and upon
conviction be fined in any sum not less than fifty dollars [($50.00)]
nor more than one hundred dollars [($100)], or by imprisonment in the
county jail for not less than ten days nor more than sixty days or by
both fine and imprisonment, in the discretion of the court.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
40-1-20 Marriages without license in 1905 validated
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 hereby validated and
legalized and shall have the same force and effect as if such marriages
had been celebrated or contracted after the parties contracting such
marriage had first obtained a license to marry from the probate clerk of
the county wherein such marriage occurred.
New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
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