Legal Question in Family Law in New Mexico
Marriage
A friend of mine just got married in New Mexico about 2 months ago but the license never got filed, are they still legally married?
Asked on 7/14/09, 3:47 am
1 Answer from Attorneys
George Chandler
Chandler Law of Los Alamos
Re: Marriage
It appears that the marriage is valid when a license has been issued and the ceremony is performed by a qualified person. It is the duty of the person performing the ceremony to record it with the county clerk within 90 days. The statute does not address the consequences of failing to file it but there is case law that indicates the marriage would still be considered valid. Your friend should see that the documents are filed ASAP to remove all question. If he/she is trying to get out of the marriage this is not the way to do it.
Answered on 7/14/09, 8:30 am
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