Legal Question in Family Law in New Mexico

I was married in Las Vegas over two years ago. I reside in New Mexico. Upon my return to my home state I never filed my marriage certificate or any information regarding my marriage. I did not change my name or any legal documents. I am not contemplating divorce. Am I legally married?


Asked on 9/13/11, 3:12 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

If you were legally married in Las Vegas (Nevada, I presume), you are legally married anywhere. You don't need to file the license or any papers anywhere else to validate the marriage. Keep the marriage certificate in a safe deposit box with you will, titles, birth certificate, and other important papers.

You can use your married name or keep your maiden name or hyphenate, whatever you prefer, but choose one and stick with it. If you don't keep your maiden name, then change your drivers license, credit cards, insurance policies, bank accounts etc, to the new name. Consider carefully whether you have separate property you want to keep separate, if so, if it's money keep it in a separate account and don't put any community money in it. If it's a house, car, or other property, keep track of its value when you were married and then how much community property went into payments etc, because that much of the house will become community property. You may want to consider a pre-nuptial agreement if you have a lot of separate property, although you're already married you can both agree to a pre-nup after you've been married if you choose. Best to see a lawyer for that, although you can find the forms online..

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Answered on 9/13/11, 6:00 pm


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