How to Get Legally Married in New Mexico

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Everything you need to know about getting legally married in New Mexico!

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Amy and Melissa had a lovely outdoor wedding. Photos by Willa Kveta.

 

When does gay marriage go into effect in New Mexico?
Same-sex couples are currently able to have legally recognized marriage ceremonies.

Do I have to live in New Mexico to get married there?
No. Any couple can get married as long as other qualifications are met.

Where can I apply for a marriage license?
A New Mexico County Clerk’s Office.

Is a blood test required?
No.

Is there a waiting period to get the marriage license?
No.

How soon after applying for a license can I get legally married?
Immediately.

Are there witnesses required in order to get legally married?
Two witnesses are required.

How much is the marriage license application fee?
$25, cash only.

How long is the marriage license valid for?
One year.

Can I apply online for a marriage license?
No.

Do we both have to be there to apply for our marriage license?
Yes.

What paperwork is required when I apply for my marriage license?
Proof of identification (driver’s license, passport, or state/federal I.D.), proof of residency and social secuty card.

Who can officiate the marriage ceremony?
A Justice of the Peace is normally a Magistrate Judge, Municipal Judge, or Probate Judge may perform a ceremony. Including, a District Judge upon request. Any person credentialed by a religious society can perform a marriage in the State of New Mexico.

If I don’t live in New Mexico, will my marriage be recognized by my home state?
The marriage will be respected in California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Hampshire, New Mexico, Hawaii, New York, Rhode Island, Vermont, Washington State and Washington, D.C. In Nevada, the marriage will be seen as a domestic partnership.

Is my New Mexico gay marriage recognized by the U.S. federal government?
Yes, it is!

If I get legally married in New Mexico, will I still need special legal paperwork to protect my family?
If you plan to travel with your partner beyond the state of New Mexico, it will be necessary for you to hire an attorney to draw up paperwork to protect your family in case something happens in a state where your marriage is not recognized. Read our expert advice on how to legally protect your relationship and children.

Is a divorce decree required?
Yes. You’ll need to provide the city, state, country of each previous marriage and the ending status, such as, by divorce or death. Home and work telephone numbers for both you and your ex(s) are also requested.

How do I change my name?
You’ll need to use an online name change form if you’d like to change your last name. This can be found here.

 

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