Legal Question in Family Law in New Mexico

Hi my husband and I were married july 22 1998. we got the application for the marriage license but never took the license back to the county clerk to be recorded. Our original copy was burned in a fire, so we went to get a copy today and they gave us the copy of the application, but told us that it wasnt recorded, we went to the court house where we were married and they said they have no records of any of that stuff they send it to the county clerk. So my question is are we still married and what can i do to get our marriage recorded besides getting remarried?

Asked on 9/22/09, 9:31 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law
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You stated that your "original copy was burned in a fire." My query is 'original copy of what?' If you were holding the original marriage license and you were supposed to have filed it but it got burned in a fire then you do not have the proper document. You did not state who it was that married you. The person who married you should have filled in the paper work and you should have had two witnesses to the marriage. My understanding is that the person who married you has the responsibility to have signed the paperwork and then turned it into the clerk. Before you go and see an attorney to find out if you can have such documents signed 'nunc pro tunc' you should speak to the person who married you and to the witnesses who signed the document swearing that they saw you be married.

Good luck.

Law Guru

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9/28/09, 12:03 am

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