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Getting a Marriage License

Section 40-1-6 — at sixteen or seventeen only with both living parents' written consent or a court's authorization

A couple gets a license from a county clerk of the state and, after a ceremony in New Mexico, files it for recording in the issuing county. Both appear in person at the clerk's office with sufficient identification.

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Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.

AgeA license issues only
AgeSixteen or seventeen, not emancipatedA license issues onlyWith the written consent of each living parent shown on the birth certificate, or a district court's authorization for good cause on a parent's or guardian's request
AgeUnder sixteenA license issues onlyWith authorization from the children's or family court division of the district court, in proceedings to compel support and establish parentage, or where an applicant is pregnant
Sources for this section (2)
  1. NMSA 1978, § 40-1-6 — Restrictions on marriage of minors
  2. NMSA 1978, § 40-1-10 — License required; county clerk

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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