What Are New Mexico Marriage Records?

New Mexico marriage records are sets of legal documents required for the approval and confirmation of marriages in the state. They have been collected since 1852 when the first nine counties were established. The county clerk's offices are responsible for maintaining these records.

A marriage record typically includes the names of both spouses, the wedding date and location, and the names of the officiant and witnesses. County clerks issue marriage licenses and certificates, the most commonly used types of marriage records.

According to New Mexico Statutes Annotated (NMSA) Section 40-1-10, a marriage license is mandatory before any marriage can occur. It signifies state approval for the union. A marriage certificate is issued after the ceremony and remains valid unless the marriage is dissolved.

Individuals need these records for various reasons, such as when applying for loans, acquiring properties, proving the legitimacy of a child, and conducting genealogical research.

Are Marriage Certificates Public Records?

According to the New Mexico Inspection of Public Records Act (IPRA), anyone can generally access government records in New Mexico, including marriage records such as marriage certificates maintained by county clerk's offices.

However, NMSA Section 14-2-1.1 states that although not required, public agencies may redact or block out personal identifier information before making such records available for inspection or copying on public websites or systems.

Under NMSA Section 14-2-6(F), specific personal identifier information that may be redacted or withheld includes a person's date of birth, Social Security number, or financial account number.

Access to such information is restricted to specific individuals and entities only. These comprise:

• The individual named in the record
• An authorized representative explicitly granted permission by the record holder (e.g., an attorney)
• Government agencies needing the information for official duties
• Other entities authorized by statute under particular circumstances, such as law enforcement agencies or courts

How To Look Up Marriage Records in New Mexico?

New Mexico does not maintain a statewide public repository for marriage records. Instead, they are available at the offices of clerks in counties where the marriage licenses were issued and the marriages took place.

To request a copy, individuals must ensure they have essential details of the marriage. Valid identification and payment of applicable fees are also required to process the request.

How To Search Marriage Certificates?

Individuals can obtain both certified and uncertified copies of marriage certificates in New Mexico.

Certified copies are printed on secure, tamper-resistant paper with an official seal, making them legally valid for purposes such as name changes, legal proceedings, or updating identification and financial records. Uncertified copies, on the other hand, are printed on plain paper without a seal and are used solely for informational or research purposes.

The steps for accessing certified New Mexico marriage certificate records are outlined below:

Online

Some New Mexico county clerk's offices offer access to marriage certificates through online indexes or databases, search tools, or email requests.

For example, the Santa Fe County Clerk's Office provides the ClerkTrack Web (CTWeb) online self-service portal. Individuals can log into the portal to locate specific indexing information or the instrument number, which uniquely identifies the document filed with the county clerk's office.

After finding the instrument number, individuals can email clerk@santafecountynm.gov for in-person pickup of the certificate.

To facilitate the retrieval of the record, county clerk's offices require individuals to provide some information, such as:

• First and last name of one or both spouses
• Dates of birth of the couple
• County where the marriage license was issued
• Date of the marriage ceremony

When purchasing certified copies of marriage certificates online, a photocopy of any of the following government-issued IDs is required:

• Driver's license
• Passport
• Visa
• Social Security card
• Military ID
• Birth certificate
• Naturalization certificate

In-Person

Individuals can also obtain certified copies of marriage certificates by visiting the appropriate county clerk's office. County clerk offices typically open from 8:00 AM to 12:00 PM and 1:00 PM to 5:00 PM, with some may require appointments in advance.

During an in-person visit, individuals must complete the application form, provide the required documents, and pay the appropriate fees.

Processing times for in-person requests may vary by office. At the Los Alamos County Clerk's Office, all requests, regardless of the method used, are processed within 24 hours.

By Mail

Here's a step-by-step guide for obtaining certified copies of marriage certificates by mail in New Mexico:

• Visit the official website of the county clerk's office where the marriage license was issued.
• Fill out the application or request form, typically available on their vital records or public records access page.
• Provide necessary details, including the full names and birth dates of both spouses, marriage date, requestor's name and contact information, return mailing address, and purpose or reason for obtaining the copy.
• Include a copy of a valid, government-issued ID.
• Enclose a check or money order for the required fee (typically between $1.50 and $2.50).
• Mail the form, ID copy, and payment to the address provided on the application form.

How To Search Marriage Licenses?

Individuals can search and obtain certified copies of marriage licenses through county clerk's offices. Requestors should contact the respective county clerk's office by phone or email or visit their official website, as procedures, requirements, and fees may vary depending on the office holding the records.

Most county clerk's offices allow individuals to request copies by submitting a form by mail. The Otero County Clerk's Office supports this method with their "Request Form for Certified Copies of Marriage License" form, charging a fee of $1.50 per copy.

Meanwhile, the Bernalillo County Clerk's Office requires an in-person visit to request certified copies. They charge a $3 fee, and marriage license copies are only delivered via USPS (Priority/Express), emailed, or faxed during regular business hours.

How To Search Marriage Records Online?

Marriage records in New Mexico can be obtained online through various methods beyond county clerk offices' websites and online systems.

One option is utilizing resources from genealogical and historical societies such as the New Mexico Genealogical Society (NMGS). The NMGS maintains abstracts of marriage and prenuptial investigations (diligencias matrimoniales) conducted between 1715 and 1893.

These summaries, available through their e-Research portal, were collected from New Mexico State University's (NMSU) microfilm collections. They typically contain witness statements and details about the couple's ages, backgrounds, intentions, and any impediments they faced, such as prior marriages or familial relationships.

Third-party services like RecordsFinder also offer access to public marriage records. These platforms provide important details such as the bride and groom's names, ages, dates, locations, and filing numbers. Users can download or print comprehensive search results from their computer for a monthly subscription fee.

While certified copies are unavailable, they are critical for genealogists tracing family histories and ancestral connections and individuals verifying marriage details.

When Can You Access Confidential Marriage Records?

Confidential marriages, often chosen by those wishing to keep their marital status hidden from family, former partners, or employers, ensure that related records remain inaccessible to the general public.

Although New Mexico does not legally authorize confidential marriages, it recognizes their validity under NMSA Section 40-1-4. This statute emphasizes that marriages celebrated outside New Mexico, if valid in their place of origin, hold the same legal standing as those performed within the state.

That said, the confidentiality provisions of the originating jurisdiction do not necessarily extend to New Mexico. For example, suppose a couple with a confidential marriage from California moves to or resides in New Mexico. In that case, the marriage will be recognized as valid, but the related records are generally treated as public documents.

Thus, anyone can access information from such marriage records, except for details that are deemed private or confidential under state law.

How Do You Apply for a Marriage License?

In New Mexico, marriage licenses are issued exclusively by county clerk's offices, and both parties must apply in person before the wedding ceremony. However, witnesses are not required to obtain a marriage license.

Applicants must complete a marriage application information form and present a government-issued ID as proof of identity. Proof of Social Security number (e.g., a Social Security card, W2, or tax return) is also required. The fee for a marriage license is $25, payable by cash, check, or credit card.

Applicants must be at least 18 years old to apply. Those aged 16 or 17 must provide written consent from each living parent listed on their birth certificate. Parental consent can be submitted in person or through a notarized statement. Individuals under 16 years of age may marry only with judicial authorization or in cases of pregnancy.

Under NMSA Section 40-1-7, applicants cannot marry if they are related within prohibited degrees of kinship. Additionally, per NMSA Section 40-1-2, ceremonies may be performed by an active or retired civil magistrate, ordained clergy member, or authorized representative of a federally recognized Indian nation, pueblo, or tribe.

Marriage licenses are issued immediately and do not expire. However, they must be returned to the issuing office for recording within 90 days of the ceremony.

How Do I Correct a Mistake on My Marriage Certificate?

Errors on New Mexico marriage certificates can occur for various reasons, such as mistakes made by individuals during the application process or typographical errors by the county clerk's office staff. Regardless of the cause, the most common errors are:

• Forgetting to fill out every required line
• Misspelling words
• Using incorrect grammar
• Supplying incorrect information, such as name, address, date of birth, Social Security number, date of marriage, or place of marriage

Here is the procedure to correct errors on a marriage certificate:

• Contact the county clerk's office where the license was issued to verify the correction process. Request the necessary forms and verify the specific procedures and requirements for filing an amendment.
• Submit a sworn statement confirming the correction request is valid and accurate. This statement must be printed, signed, and dated to meet legal requirements.
• Provide supporting documents to prove the correct marriage details.
• Submit all required paperwork, including a copy of the original marriage certificate and valid government-issued ID, to the county clerk's office in person or by mail.
• Pay all applicable fees for amending the marriage certificate, typically ranging between $25 and $40. Payment can be made via check or money order.
• Wait for processing, which typically takes 2–4 weeks. Once approved, the updated certificate will be issued along with the original.

Are Marriage Records Under the New Mexico Address Confidentiality Program (ACP) Accessible?

Survivors of domestic violence, sexual assault, attempted sexual assault, or stalking who are enrolled in the Safe at Home program of the New Mexico Secretary of State (NM SOS) are provided a substitute address and mail forwarding service.

This Address Confidentiality Program (ACP) helps protect victims from their abusers or stalkers who may try to use their public records to track and harm them further.

The NM SOS office collects mail from an undisclosed P.O. Box and forwards it to the participant's private address. Participants may use the substitute address when dealing with government agencies.

Information in the participants' marriage certificates and other marriage records, such as their actual residential addresses, fictitious addresses, delivery addresses, email addresses, and telephone numbers, are confidential.

Therefore, these pieces of information are not considered public records covered by the IPRA and can only be disclosed to authorized SOS staff members or those with a court order.

New Mexico Marriage Statistics and Trends

As per recent statistics, marriage rates in New Mexico have been declining. This aligns with trends across the U.S. Nationally, 53% of adults aged 18 and older are married, a drop from 58% in 1995. Moreover, both in New Mexico and across the U.S., Hispanic and Black adults have lower marriage rates compared to White and Asian adults.

Despite these similarities, notable differences exist. In New Mexico, only 29% of residents above age 15 have married once, significantly lower than the national figure of 50%.

This trend can be due to the prevailing influences of Hispanic culture in New Mexico, which often emphasizes cohabitation before marriage. Additionally, New Mexico has a younger population than other states, with many prioritizing education and career development before settling down.

The table below provides further detailed insights into New Mexico's marriage trends:

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