Are New Mexico Marriage Records Available to the Public?
Individuals who want to request marriage records in New Mexico tend to ask, “are marriage records public” in a bid to determine their eligibility status. The good news is that marriage records in New Mexico are not restricted. The records are available to be viewed by any member of the public. Marriage records in New Mexico consist of marriage license applications and marriage certificates. Both documents can be requested by any member of the public who supplies enough information for the record search and pays all applicable fees. To obtain a marriage record in New Mexico, the following information is required:
- Names of the couple on the record
- Date of the marriage ceremony
- County where the marriage license was issued
Family Court records can include marriage records and divorce records. These records contain personal information of those involved, and their maintenance is critical should anyone involved wish to make changes. Because of this, marriage and divorce records can be considered more difficult to locate and obtain than other public records and may not be available through government sources or third-party public record websites. These are the easiest and quickest sources for New Mexico Public Records.
How to Find New Mexico Marriage Records
New Mexico marriage records comprise all available information about the legal marital unions contracted in the state. The New Mexico State Supreme Court validated same-sex marriages in a 2013 ruling, and the state has since provided records for such unions. New Mexico marriage records include marriage certificates and marriage licenses. New Mexico public marriage records are unavailable at the New Mexico Vital Records office. Rather, they are available at County Clerk offices. Record seekers can find marriage records online, by phone, email, mail, and in person at the County Clerk's office.
Note: Divorce certificate information is unnecessary when requesting marriage records in New Mexico.
How to Find Out if Someone is Married in New Mexico
One way to determine if someone is married is to request their marriage records from the County Clerk's Offices. For instance, a person can find out if someone is married in Chaves County by making an online or in-person request at the Clerk's office. The requirements for online marriage records retrieval are the names of the subjects of the record, the date of the event, and the document type (marriage license or marriage application). The costs (per copy) for certified copies of marriage licenses and duplicate marriage certificates are $2.50 and $5, respectively.
Alternatively, record seekers who want to find marriage records can visit the Chaves County Clerk’s office during business hours (8 am - 5 pm from Mondays to Fridays) at:
Chaves County Clerk’s office
#1 St. Mary’s Place
Suite #110
Roswell, NM 88203
Phone: (575) 624-6614
Fax: (575) 624-6523
How to Check Marriage Status Online
Marriage records are stored at the county level and are available at County Clerk’s Offices. Many counties in New Mexico have databases for individuals to check their marital status. For instance, Bernalillo County Clerk’s office has a Marriage Record Search tool that can be used to find an online marriage certificate of an individual. Record seekers would have to provide any of the following information to be able to conduct a search via the Marriage Records tool:
- First or last name of any of the record subjects
- The date that marriage was recorded
- Document number
- Book or page
Note that providing as much information as possible can lead to more accurate results. Requesters would be able to retrieve marriage information like the couple's full names, marriage license numbers, the date the license was issued, the recorded date, and the date of the marriage ceremony. Requesters seeking to know how to check marriage status online should contact the Clerk’s office in the county where the marriage occurred.
How to Check Marriage Records for Free
A record seeker can check for a marriage record for free at the County Clerk’s office. For instance, the Guadalupe County Clerk’s office has an online tool where a record seeker can conduct a marriage search in New Mexico at no cost. To use the search tool, individuals must provide the marriage date, the groom's full name, or the bride's full name. Record seekers will be able to obtain the following information via the search tool:
- Marriage date
- Groom’s first, middle, and last name
- Bride’s first, middle, and last name
- Marriage location
- Marriage state
- Application date
- Book number
- Page number
Contact the Clerk’s office in the county the marriage occurred for more information on how to check marriage records for free.
What is Considered a Marriage Record in New Mexico?
A New Mexico marriage record describes a complete set of legal documents needed to approve and provide validation for a marriage held in the state. Marriage records issued to couples in New Mexico include marriage license application and the marriage certificate. These documents provide unequivocal evidence that the couple has entered a legal and binding union. The Department of Health, which is the custodian of New Mexico vital records, does not prepare or provide marriage records. Rather, all New Mexico marriage records are issued and maintained by the Offices of the County Clerks, in the various counties of the state.
Both government websites and organizations may offer divorce and marriage record search in New Mexico and applicants can order online. Similarly, third party public record websites can also provide these types of records. But because third party organizations are not operated or sponsored by the government, record availability may vary. Further, marriage and divorce records are considered highly private and are often sealed, meaning availability of these types of records cannot be guaranteed.
How to Change Your Name After Marriage in New Mexico
Any newlywed who wishes to change their name after marriage in New Mexico must first obtain a marriage license. Once they receive copies of their marriage certificate, parties can then update their state security record by visiting a State Security Administration (SSA) office near them. The SSA will issue an application form and will request to see a valid ID and a copy of their marriage record. Finally, after three weeks, the party can check back to receive their new social security card with the new name imprinted on it. Persons changing their name after marriage must also inform state authorities such as the New Mexico Motor Vehicle Division (MVD) of the new change. The party will have to visit any local New Mexico MVD to update this information. In addition, they must bring along a copy of their marriage certificate. Upon changing their name after marriage, the party must inform other entities, like their school and employer. They must do this so that their names can tally with the record on their social security number.
What is Considered a Marriage Certificate in New Mexico?
A New Mexico marriage certificate is a marriage record, issued in New Mexico, that has been completely filled and signed by a married couple. Other signatories include the official who conducted the wedding ceremony and two witnesses to the marriage. Married couples need marriage certificates to prove their unions when applying for loans, acquiring properties, and demonstrating joint ownership of assets. A person who wants to know how to find a marriage certificate in New Mexico can contact the Clerk’s office in the county where the marriage occurred.
How Do I Obtain a New Mexico Marriage Certificate?
To obtain a certified copy of a marriage certificate in New Mexico, submit a request to the County Clerk Office where the license was issued. The request can be made when returning the marriage certificate in New Mexico, after the ceremony or at a later date. Requests made at a later date can be made in person or by mail. There will be a fee for obtaining a certified copy of a marriage certificate. This is determined by the county which issued the license but is usually between $1.50 and $2.50. When submitting a request for a copy of a marriage certificate to the County Clerk Office, be sure to provide the following information:
- Names of the bride and groom
- Date of the marriage
Providing sufficient information helps the staff to find marriage records easily. Information on how to find a marriage certificate in New Mexico is available by contacting County Clerk offices.
What is Considered a Marriage License in New Mexico?
A New Mexico marriage license is a state-issued document required by intending couples before they can get married in the state. It signifies approval from the state that a union can be enacted between the two individuals. This document makes such union legal and recognized in the state. Eligible couples can obtain New Mexico marriage licenses from various County Clerk Offices in the state.
New Mexico Formal Marriage License
A formal marriage license is the regular marriage license issued by the County Clerk Office to a couple who wishes to get married in the state. Obtaining one indicates both individuals (named on the license) are eligible to enter a union and have satisfied all requirements to do so. A marriage license obtained in New Mexico can only be used to get married in New Mexico.
New Mexico Common-Law Marriage License
Common-law marriage refers to an arrangement where two individuals live together (over a number of years) and present themselves to the public as a married couple. Such cohabiting individuals do not have marriage licenses and hold no ceremonies solemnizing their unions.
The State of New Mexico does not recognize common-law marriages and does not issue common-law marriage licenses. However, a common-law marriage entered in a state that recognizes such unions will be considered a valid marriage in New Mexico.
How Do I Obtain a New Mexico Marriage License?
Any County Clerk Office in the state of New Mexico will issue a marriage license to an eligible couple who submit an application. Only couples who satisfy all eligibility requirements and provide all required information will receive marriage licenses in New Mexico. When receiving their marriage license, a couple will also receive their original marriage license application and a copy will be filed by the Clerk.
The eligibility requirements for receiving a marriage license in New Mexico include that applicants must be 18 years of age or older. Persons between 16 and 17 years may receive a marriage license with consent from both parents or legal guardians. If one parent is deceased, a certified copy of the death certificate must be provided. Parents may provide consent in person at the County Clerk Office or through written and notarized notes. Persons who are 15 years of age must provide all the above and an order from a District Court judge. This is typically only allowed when a pregnancy is involved. No one under the age of 15 may receive a marriage license in New Mexico.
A marriage license costs $25 in New Mexico. Cash is the preferred method of payment, but major credit or debit cards are also accepted. Verify a county’s preferred payment method from the Office of the Court Clerk while applying for a marriage license.
In New Mexico, both individuals applying for a marriage license must be present when submitting the application. Both applicants will be asked to provide:
- Valid photo IDs (driver’s license, passport, student ID (with photo), Military ID)
- Social security numbers (if applicable): Social security cards or other documents which indicates these
- Proof of age: certified birth certificates and driver’s licenses are acceptable
If either applicant has been married before, the applicant must indicate when the previous marriage ended. Physical records such as dissolution of marriage records or divorce certificates in New Mexico are not mandatory, but the applicant is required to provide the date and location of the divorce or the date of the spouse’s death. In the state of New Mexico, there is no waiting period between obtaining a marriage license and when the ceremony can be held. Applicants are also not required to submit to blood tests. Marriage licenses obtained in New Mexico have no expiration date. New Mexico is one of the few states which allows marriages between cousins.
A marriage license must be signed by the official who performed the marriage and two witnesses. At this point, it becomes the official marriage certificate. After it has been signed, the certificate must be returned to the County Clerk who issued it within 90 days of the ceremony. This is so the certificate can be recorded in the county. The original copy of the marriage certificate will be returned to the couple after it has been recorded.
New Mexico Confidential Marriage Licenses
A confidential marriage license refers to marriage license records that are sealed from public access. This arrangement is often done to protect the marriage status and details of a couple as approved by the court in agreement with these individuals' decisions. In New Mexico, marriage licenses are not confidential but can be so, if the reason for concealing these records is in keeping with the exceptions under NMSA 14-2-1 public record inspection.
Are Prenups Public Records in New Mexico
Prenuptial agreements, also known as premarital agreements or Prenups, are written contracts that engaged couples create just before marriage. They include information on the rights and obligations of the parties during the marriage, as well as alimony and property division in the event of death. The Uniform Premarital Agreement Act (40-3A-1 through 40-3A-10 NMSA) outlines all the conditions and what can be obtained in a prenup in New Mexico.
