New Mexico
New Mexico Marriage License Requirements 2026: $55, No Wait
Independently fact-checked against primary sources (last audited October 7, 2026). · 9 primary sources cited on this page. How we verify our legal content
In New Mexico, only a county clerk issues marriage licenses, under NMSA 1978 § 40-1-10. The fee is $55 statewide (Senate Bill 290, 2025), there is no waiting period, and county clerks say the license does not expire. Your officiant must return the completed certificate to the clerk within 90 days of the ceremony.
For the rules in other states, see our guide to marriage license requirements by state.
Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers getting a marriage license and marrying in New Mexico under NMSA 1978 Chapter 40, Article 1, along with the published procedures of the Bernalillo, Santa Fe, Torrance and Harding county clerks. It does not cover divorce, ordering older marriage records, common-law marriage, or the rules of other states.
Where to Get a Marriage License in New Mexico
Go to a county clerk. Section 40-1-10 requires a license from "a county clerk of this state," and the Bernalillo County Clerk puts it plainly: "In New Mexico, only the county clerk may issue marriage licenses."
Both of you must show up together. Under § 40-1-10(B), "the couple shall personally appear at the office of the county clerk issuing the license." If one of you cannot appear, a district court judge may, for good cause, authorize that person to obtain the license without appearing.
Some counties let you start online. Bernalillo County has an online application, but you still finish it in the clerk's office with both of you present. New Mexico has no remote or video licensing: House Bill 557 (2025), which would have allowed ceremonies by telecommunication, died in committee and is not law.
You do not need to live in New Mexico
There is no residency requirement. Bernalillo County tells couples, "You don't need to be a resident of Bernalillo County or New Mexico," and Santa Fe County issues licenses to out-of-county and out-of-state couples.
The license works anywhere in New Mexico, and only in New Mexico
You can buy the license in one county and marry in another. Santa Fe County states: "Marriage ceremonies may be performed in any New Mexico county." Torrance County adds that the license "is valid for a ceremony taking place anywhere within the State of New Mexico." Bernalillo County says the license may only be used for a wedding in New Mexico, so it will not cover a ceremony in another state.
Documents and ID You Need
The statute leaves the details to the clerk. Section 40-1-10 requires each person to "provide sufficient identification to satisfy the county clerk as to each person's identity and qualification to receive a marriage license." County requirements differ:
| County | What each person brings |
|---|---|
| Bernalillo | Two current, original government-issued IDs from the clerk's list (driver's license or state ID, military ID, Social Security card, passport or visa, birth certificate, naturalization certificate). Names must match; no laminated documents. |
| Santa Fe | A valid government-issued photo ID or passport (age 18 and over). |
| Torrance | Proof of age and identity, normally satisfied with a government-issued photo ID. |
| Harding | Proof of age and identity, normally satisfied with a government-issued photo ID. |
Bernalillo is the strictest of the four: "Both of you must present two current forms of government-issued ID in our office." Check your own county clerk's page before you go.
New Mexico also collects applicants' Social Security numbers. NMSA 1978 § 27-1-10 has the county clerk collect them for child-support enforcement.
How Much a Marriage License Costs in New Mexico
The fee is $55, set by state law. Section 40-1-11, as amended by Senate Bill 290 (2025), provides: "The county clerk shall receive a fee of fifty-five dollars ($55.00) for issuing, acknowledging and recording a marriage license and marriage certificate."
Senate Bill 290 raised the fee from $25. The county clerks in Bernalillo and Torrance counties give June 20, 2025 as the date the $55 fee took effect. Some older websites still list the old figure.
The statute splits the $55: $15 goes to the county general fund, $20 to the state treasurer for the Children's Trust Fund, and $20 stays with the county clerk for its recording and filing fund. We found no premarital-course discount in the statute or on the county pages we reviewed.
| County | Fee | Payment notes | Certified copy |
|---|---|---|---|
| Bernalillo | $55 | Cash or card (no American Express); walk-in, no appointment, until 4:30 p.m. | $3 each |
| Santa Fe | $55 | Cash, card or check; due when the license is issued | $5 each |
| Torrance | $55 | Cash, check, credit or debit card (no American Express); paid at application | Not listed |
| Harding | $55 | Cash, check or money order only | $2 each |
County pages checked October 7, 2026. Payment methods are set locally and can change, so your county clerk's page is the final word.
Waiting Period and How Long the License Lasts
New Mexico has no waiting period. Bernalillo County says: "There is no waiting period for receiving a marriage license, and it is ready immediately." Santa Fe County agrees: "No waiting period to obtain a license." You can get the license and marry the same day.
The license also has no expiration date. Bernalillo County says "licenses do not expire," and Santa Fe County says "The license does not expire." We found no expiration period in the statute sections we reviewed. Websites that give the license a set life span conflict with what the clerks say.
The one deadline that matters comes after the wedding: your officiant has 90 days from the ceremony to return the completed certificate (see below).
Age Requirements to Marry in New Mexico
At 18 you can marry without anyone's consent. Younger applicants face the rules in § 40-1-6, which reads: "The county clerk shall not issue a marriage license to an unemancipated person sixteen or seventeen years of age" unless one of two conditions is met:
- Parental consent: the applicant first obtains the written consent of each living parent shown on the applicant's birth certificate. Santa Fe, Torrance and Harding counties also ask the minor for a certified birth certificate (Torrance also accepts an original), take a parent's consent in person or by notarized statement, and ask for a death certificate if a parent has died.
- Court order: on the request of a parent or legal guardian, the district court authorizes the marriage for good cause, and a certified copy of the order is filed with the county clerk. Counties use this route when a parent is unwilling or unavailable.
The rule is written for an unemancipated 16- or 17-year-old. For how a minor becomes emancipated in New Mexico, see New Mexico emancipation laws.
Under 16
Section 40-1-6 permits the marriage of a person under 16 only if the children's or family court division of the district court first authorizes it, on the request of a parent or guardian, in settlement of proceedings to compel support and establish parentage, or where an applicant for the license is pregnant. Torrance County describes its practice this way: "Marriages of persons fewer than 16 years of age are only permitted when there is a pregnancy and when a Children's or Family Court Judge has authorized the marriage."
Under § 40-1-9, a marriage involving a person under the permitted ages is voidable only by a district court decree. If the couple lives together until the person reaches the permitted age, the marriage is deemed legal and binding.
A bill to end marriage under 18 (not law)
As introduced, House Bill 242 in the 2024 session would have banned marriage licenses for anyone under 18. A committee substitute dropped that ban, and the bill died without a floor vote, so it is not law and the rules above still apply.
Who Cannot Marry in New Mexico
Section 40-1-7 voids marriages between close relatives. Marriages "between relations and children, including grandparents and grandchildren of all degrees; between brothers and sisters of full blood or of half blood; between uncles and nieces; and between aunts and nephews are declared incestuous and absolutely void."
First cousins are not on that list. Section 40-1-7 does not name them.
Under § 40-1-9, a marriage between relatives within the prohibited degrees is void only by decree of the district court.
New Mexico licenses couples of any sex. The marriage statutes are written in gender-neutral terms, and Bernalillo County states: "We issue licenses to all couples, regardless of sex or gender."
No Blood Test Required
New Mexico does not require a blood test. Harding County states that "blood tests are NOT required," and Bernalillo County says the same. Senate Bill 299 of the 2013 session, which rewrote much of the marriage chapter, eliminated "the need for certain physician certificates," in the words of its title, and repealed four older sections.
Who Can Perform a Marriage in New Mexico
Section 40-1-2 lists who may solemnize a marriage:
- "A person who is an ordained member of the clergy or who is an authorized representative of a federally recognized Indian nation, tribe or pueblo may solemnize the contract of marriage without regard to sect or rites and customs the person may practice."
- Active or retired judges, justices and magistrates of New Mexico courts, and of courts established under the U.S. Constitution or U.S. law.
The statute provides that civil magistrates solemnize marriages without a fee. Under § 40-1-3, religious societies and federally recognized tribes may also solemnize marriages by their own rites, with the society's secretary or another authorized person sending a transcript to the county clerk.
No officiant registration
Clerks do not check credentials. Santa Fe County says: "We do not require proof of ordination nor is the minister required to register his/her credentials." Bernalillo County says it does not need to verify your officiant's credentials and that "Anyone who is licensed, ordained, or certified may perform a wedding service."
The statute says only "ordained member of the clergy." We found no New Mexico statute, court decision or attorney general opinion addressing online ordination. If your officiant was ordained online, ask your county clerk before the wedding.
Witnesses
The statute defines solemnizing a marriage as joining a couple "before witnesses" but does not set a number in the sections we reviewed. In practice, counties expect two: Santa Fe County calls for two witnesses over 18, and Bernalillo County says the couple, the officiant and the two witnesses sign the certificate.
Courthouse weddings
Judges perform civil ceremonies in some counties. In Bernalillo County, judges of the Metropolitan Court and the Second Judicial District Court perform ceremonies (Metro Court hotline: 505-841-8104). In Santa Fe County, magistrate, municipal and probate judges perform them; the probate judge sees couples by appointment only.
Proxy and Remote Marriage
We found no provision allowing proxy marriage. Both applicants must appear to apply, except that "the court, for good cause, may authorize a person unable to appear personally to obtain a license from the county clerk" (§ 40-1-10(B)). That exception covers the application, not the ceremony.
House Bill 557 (2025) would have allowed ceremonies by telecommunication with the officiant physically in New Mexico. It died in committee, so it is not law.
After the Ceremony
The officiant files the record. Section 40-1-15 requires the person who performed the ceremony "to certify the marriage to the county clerk within ninety days from the date of the marriage ceremony." The clerk then records and indexes it as a permanent county record.
Return the certificate to the clerk who issued the license, in person or by mail. Bernalillo County tells couples: "Within 90 days of your wedding, return your certificate to our office so that we can record it." Santa Fe County says anyone can bring it in. Under § 40-1-19(B), an officiant who fails to comply with the article commits a misdemeanor.
Certified copies come from the county clerk: $3 each in Bernalillo County and $5 each in Santa Fe County. Santa Fe County notes that it certifies the marriage application on file. To order copies later, see New Mexico marriage and divorce records.
Changing your name
Marriage does not change your name by itself. Bernalillo County explains: "Getting married does not automatically change your last name, and you are not required to change your name either." Its advice is to record the certificate, buy a certified copy, and then update your records with the Social Security Administration before the MVD. See New Mexico name change laws and name change after marriage.
Common Myths About New Mexico Marriage Licenses
"New Mexico requires a blood test or a waiting period." It requires neither. Clerks state there is no blood test, and the license is ready immediately.
"A New Mexico marriage license costs $25." That was the fee before Senate Bill 290. County clerks say the $55 fee took effect June 20, 2025.
"The license expires after a set number of days." Bernalillo and Santa Fe county clerks say it does not expire. The 90-day clock is for returning the certificate after the wedding.
"You have to marry in the county that issued the license." You can marry in any New Mexico county, and you do not need to be a resident. The license does not cover a wedding outside New Mexico.
"Your minister must register with the state." Santa Fe and Bernalillo clerks say they do not require registration or verify credentials.
Disclaimer: This article provides general legal information about getting a marriage license in New Mexico under NMSA 1978 Chapter 40, Article 1. It is not legal advice. The information was verified on October 7, 2026. For your specific situation, contact your county clerk or consult a lawyer licensed in New Mexico.
Related
- Marriage license requirements by state
- New Mexico marriage and divorce records
- New Mexico common-law marriage
- New Mexico name change laws
- Texas marriage license requirements
- Colorado marriage license requirements
Last updated: October 7, 2026.
Frequently Asked Questions
Where do I get a marriage license in New Mexico?
From a county clerk. Under NMSA 1978 § 40-1-10, only a county clerk issues licenses, and both of you must appear in person at the issuing clerk's office.
How much is a marriage license in New Mexico?
$55 in every county under NMSA 1978 § 40-1-11, as amended by Senate Bill 290 (2025). County clerks give June 20, 2025 as the date the fee rose from $25.
Is there a waiting period to get married in New Mexico?
No. Bernalillo and Santa Fe county clerks say there is no waiting period, and the license is ready immediately.
Does a New Mexico marriage license expire?
Bernalillo and Santa Fe county clerks say it does not. After the wedding, the officiant has 90 days to return the certificate under NMSA 1978 § 40-1-15.
Do you have to be a New Mexico resident to get married there?
No. Bernalillo and Santa Fe counties issue licenses to non-residents. The license is valid for a ceremony in any New Mexico county, but not outside the state.
Can a 16-year-old get married in New Mexico?
An unemancipated 16- or 17-year-old needs the written consent of each living parent, or a district court order requested by a parent or guardian (NMSA 1978 § 40-1-6). Under 16, only a children's or family court judge can authorize the marriage, on limited grounds.
Can first cousins marry in New Mexico?
NMSA 1978 § 40-1-7 does not list first cousins among the relatives who cannot marry. It voids marriages between parents and children, grandparents and grandchildren, siblings, uncles and nieces, and aunts and nephews.
Does my officiant need to register in New Mexico?
No. Santa Fe County does not require proof of ordination or registration, and Bernalillo County does not verify officiant credentials.
How many witnesses do you need to get married in New Mexico?
The statute requires the ceremony to take place before witnesses without setting a number in the sections we reviewed. Santa Fe and Bernalillo counties expect two witnesses, and Santa Fe asks that they be over 18.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Mexico Statutes Annotated 1978, Chapter 40
§ 40-1-10License required; county clerkIn forcecited in 2 of our articles
A. Each couple desiring to marry pursuant to the laws of New Mexico shall first obtain a license from a county clerk of this state and following a ceremony conducted in this state file the license for recording in the county issuing the license. B. To obtain a marriage license, the couple shall personally appear at the office of the county clerk issuing the license and provide sufficient identification to satisfy the county clerk as to each person's identity and qualification to receive a marriage license pursuant to Chapter 40, Article 1 NMSA 1978. On application to a judge of the district court, the court, for good cause, may authorize a person unable to appear personally to obtain a license from the county clerk, and a certified copy of the judicial authorization shall be filed with the county clerk. C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2010
Opinions citing this section in our collection:
- Rivera v. Rivera (New Mexico Court of Appeals 2010, 149 N.M. 66)“…to obtain a New Mexico license has a valid marriage. {10} NMSA 1978, Section 40-1-10 (1973) provides that “[e]ach couple des…”
- Smith v. New Mexico Coal 401(K) Personal Savings Plan (District Court, D. New Mexico 2008, 591 F. Supp. 2d 1172)“…a marriage if valid in the jurisdiction where consummated. N.M. Stat. Ann. § 40-1-10 ; In re Bivians Estate,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in New Mexico: Is It Recognized? (2026)
§ 40-1-6Restrictions on marriage of minorsIn force
A. The county clerk shall not issue a marriage license to an unemancipated person sixteen or seventeen years of age, and no person authorized by the laws of this state to solemnize marriages shall knowingly unite in marriage any person sixteen or seventeen years of age, unless the minor first receives the written consent of each of the minor's living parents as shown on the minor's certificate of birth, or the district court has authorized the marriage of such person upon request of a parent or legal guardian of the person for good cause shown, and a certified copy of the judicial authorization is filed with the county clerk. B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 40-1-11Fees; dispositionIn force
A. The county clerk shall receive a fee of fifty-five dollars ($55.00) for issuing, acknowledging and recording a marriage license and marriage certificate. B. Fees collected pursuant to Subsection A of this section shall be deposited in the county clerk recording and filing fund; provided that the county treasurer shall remit the fees collected within fifteen days of the last day of each month as follows: (1) fifteen dollars ($15.00) of each fee shall be remitted to the county general fund; (2) twenty dollars ($20.00) of each fee shall be remitted to the state treasurer for credit to the children's trust fund; and (3) twenty dollars ($20.00) of each fee shall be retained by the county clerk.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 40-1-2Marriages solemnized; ordained clergy or civil magistrates may solemnize.In force
A. The civil contract of marriage is entered into when solemnized as provided in Chapter 40, Article 1 NMSA 1978. As used in Chapter 40, Article 1 NMSA 1978, "solemnize" means to join in marriage before witnesses by means of a ceremony. B. A person who is an ordained member of the clergy or who is an authorized representative of a federally recognized Indian nation, tribe or pueblo may solemnize the contract of marriage without regard to sect or rites and customs the person may practice. C. Active or retired judges, justices and magistrates of any of the courts established by the constitution of New Mexico, United States constitution, laws of the state or laws of the United States are civil magistrates having authority to solemnize contracts of marriage. Civil magistrates solemnizing contracts of marriage shall charge no fee therefor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 40-1-15Certification of marriage; recording and indexingIn forcecited in 2 of our articles
A. It is the duty of all persons solemnizing the contract of marriage in this state to certify the marriage to the county clerk within ninety days from the date of the marriage ceremony. Upon ensuring the information on the certificate is complete and legible, the county clerk shall immediately upon receipt of the certificate cause it to be properly recorded and indexed in a permanent record as a part of the county records. B. The county clerk may issue a certificate of correction or correct or reissue an application for a marriage license, a marriage license or a certificate of marriage as a result of a typographical or data entry error by the office of the county clerk. The county clerk shall issue a certificate of correction or correct or reissue an application for a marriage license, a marriage license or a certificate of marriage to correct an error on the document upon order of the district court.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2010
Opinions citing this section in our collection:
- Rivera v. Rivera (New Mexico Court of Appeals 2010, 149 N.M. 66)“…county clerk within ninety days from the date of marriage.” NMSA 1978, § 40-1-15 (1905). {11} In the event that the per…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Marriage and Divorce Records: County and Court Only (2026)
§ 40-1-7Incestuous marriagesIn force
All marriages between relations and children, including grandparents and grandchildren of all degrees; between brothers and sisters of full blood or of half blood; between uncles and nieces; and between aunts and nephews are declared incestuous and absolutely void.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 40-1-9Prohibited marriagesIn force
No marriage between relatives within the prohibited degrees or between or with persons under the prohibited ages shall be declared void except by a decree of the district court upon proper proceedings. A cause of action may be instituted by the minor, by next friend, by either parent or legal guardian of the minor or by the district attorney. In the case of minors, no party to the marriage who may be over the prohibited age shall be allowed to apply for or obtain a decree of the court declaring the marriage void; but the minor may do so, and the court may, in its discretion, grant alimony until the minor becomes of age or remarries. If the parties should live together until they arrive at the age under which marriage is permitted by statute, then the marriage shall be deemed legal and binding.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 40-1-3Ceremony by religious societyIn force
It is lawful for any religious society or federally recognized Indian nation, tribe or pueblo to solemnize marriage conformably with its rites and customs, and the secretary of the society or the person authorized by the society or federally recognized Indian nation, tribe or pueblo shall make and transmit a transcript to the county clerk certifying to the marriages solemnized.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 40-1-19Offenses; penaltiesIn force
A. For failure to perform the county clerk's responsibilities and duties pursuant to Chapter 40, Article 1 NMSA 1978, a county clerk is responsible on the county clerk's official bond for damages suffered by the injured party. B. A person who performs the marriage ceremony or certifies a marriage to the county clerk, who neglects or fails to comply with the provisions of Chapter 40, Article 1 NMSA 1978 and any person who willfully violates the law by deceiving or attempting to deceive or mislead any officer or person in order to obtain a marriage license or to be married contrary to law is upon conviction guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
New Mexico Statutes Annotated 1978, Chapter 27
§ 27-1-10Collection and use of social security numbers for use in child support enforcement.In force
A. For applicants or persons who have been assigned a social security number, the state shall have and use procedures requiring that the social security number of any: (1) applicant for a professional license, commercial driver's license or occupational license be recorded on the application; (2) applicant for a marriage license be collected and placed in the records maintained by the county clerk; (3) person who is subject to a divorce decree, support order or paternity determination or acknowledgment be placed in the records relating to the matter; and (4) person who has died be placed in the records relating to the death and be recorded on the death certificate. B. The collection and use of social security numbers shall be made available to the human services department [health care authority department] for use in child support enforcement.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- NMSA 1978 §§ 40-1-2 and 40-1-10 (who may solemnize; license required, county clerk, personal appearance, identification), current text as shown in 2025 House Bill 557, New Mexico Legislature(nmlegis.gov).gov
- Bernalillo County Clerk, Marriage Licenses(berncoclerk.gov).gov
- Santa Fe County Clerk, Marriage Licenses(santafecountynm.gov).gov
- Torrance County Clerk, Marriage License(torrancecountynm.org).gov
- New Mexico Legislature, House Bill 557 (2025) status(nmlegis.gov).gov
- Senate Bill 290 (2025), final version, amending NMSA 1978 § 40-1-11 (marriage license fee)(nmlegis.gov).gov
- Harding County Clerk, Marriage Information(hardingcounty.org).gov
- Senate Bill 299 (2013), enrolled act (Laws 2013, ch. 144), enacting and amending NMSA 1978 §§ 40-1-3, 40-1-6, 40-1-7, 40-1-9, 40-1-15 and 40-1-19 and repealing §§ 40-1-5, 40-1-8, 40-1-12 and 40-1-13(nmlegis.gov).gov
- New Mexico Legislature, House Bill 242 (2024) status(nmlegis.gov).gov