2018 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 1 - Marriage in General
Section 40-1-17 - Uniform use form.
To ensure a uniform system of records of all marriages contracted and the better preservation of the records for future reference, the form of application, license and certificate shall be substantially as provided in Section 40-1-18 NMSA 1978, each blank to be numbered consecutively corresponding with the page number of the record book in the clerk's office; provided that the medical evaluation language shall not be printed on the application until such time as the secretary of health deems such evaluation necessary through the issuance of rules.
History: Laws 1905, ch. 65, § 7; Code 1915, § 3441; C.S. 1929, § 87-120; 1941 Comp., § 65-116; 1953 Comp., § 57-1-15; 2013, ch. 144, § 12.
Cross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978.
The 2013 amendment, effective June 14, 2013, provided for the use of uniform applications, licenses and certificates; added the title; after "preservation of", deleted "said record" and added "the records"; after "license and certificate", deleted "provided herein"; after "shall be substantially as", deleted "follows" and added "provided in Section 40-1-18 NMSA 1978"; and after "in the clerk's office", deleted "all such blanks to be provided free of cost by the county for public use" and added the reminder of the sentence.
County clerk may issue marriage license where neither party has appeared personally to apply for the license where the form of application used is substantially in agreement with 40-1-18 NMSA 1978 and the county clerk is satisfied as to the ages. 1967 Op. Att'y Gen. No. 67-88.
Lack of witnesses would not invalidate marriage. — Lack of witnesses at a marriage ceremony, where marriage was valid in other respects, would not invalidate the marriage. 1943-44 Op. Att'y Gen. No. 43-4280.
