Legal Question in Family Law in New Mexico

i got merry on a small ceromony but never turn in the marriage license and is been a year im i still merry


Asked on 12/19/12, 5:45 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

The law in New Mexico is that you are married when you have consummated the marriage contract and the marriage has been solemnized by a judge or other person authorized to do such. The marriage ceremony (solemnization) may be proved by the testimony of any competent witness thereto, or other evidence, and once so proved, the contract is presumed. It requires clear and convincing evidence to prove that a marriage does not exist. The lack of a record does not mean the marriage is not valid.

So you're married, but it would be a good idea for you to file the signed license with the county clerk so it's easier to prove.

If you're trying to prove that you're not married because you never filed the papers, it's not likely you can do that. You should consult with an attorney.

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Answered on 12/20/12, 8:23 am


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