Is Common Law Marriage Valid in New Mexico?
In New Mexico, contrary to popular belief, common law marriages are recognized. In fact, common law marriages have been a lawful relationship in New Mexico since its territorial status and have been recognized by the United States Supreme Court, as well as the New Mexico Supreme Court. A traditional common law marriage is essentially an informal union without a license, certificate, or government oversight that is formed by a couple living together for a certain period of time, holding themselves out to be married, and intending to be married. This type of marriage allows a couple to have a legal relationship without having gone through a ceremony or paid a fee, and it is essentially a legal way to avoid the government’s check on how people are supposed to marry. If you have questions about your marital status in New Mexico, it is important to read on to learn more about New Mexico law.
New Mexico law regarding common law marriages is fairly straightforward. Essentially, a couple can enter into a valid common law marriage when they reach a contract to be married, reside together, and hold themselves out to the public like a married couple. It is a legal way to create a legal relationship without having gone through the formal requirements around marriage . New Mexico joined the majority of states that have eliminated common law marriage requirements almost three decades ago. Specifically, in 1957, the New Mexico Legislature adopted a licensing system, which has now become the status quo. As it stands, New Mexico provides that all individuals must register and undergo scrutiny before getting married. Additionally, all age limits and waiting periods apply.
Despite this, the New Mexico Supreme Court and lower courts continued to recognize common law marriages, following the precedent set by the United States Supreme Court. In the 1975 United States Supreme Court case of Perez v. Sharp, the court went so far as to hold that forcing a couple to go through formalized procedures creates a substantial barrier to the free exercise of religious beliefs. To this day, common law marriages are still recognized in New Mexico, even though there is a licensing process that applies to every couple.
That said, there are some exceptions to the recognition of this form of marriage. For example, it will not award spousal maintenance support to a spouse who would not have been entitled to alimony if the two couples had legally married.
History of Common Law Marriage
Common law marriage has an extensive history in the United States, and even today, it generates much discussion and uncertainty, particularly in New Mexico. Since common law marriage is a unique concept to many, here is a look at its history in the United States and how it currently stands in New Mexico.
In the United States, the federal government does not recognize common law marriages per se, but it does respect the ones that states have recognized. While there is a prevalent assumption that common law marriages exist no longer, that is not true. In fact, states’ recognition of common law marriage varies significantly. Presently, 14 states (and the District of Columbia) recognize common law marriages.
Namely, these states are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, Vermont, the District of Columbia, and the five latest states that have authorized statutes, Alabama, Mississippi, Ohio, Utah and Pennsylvania.
Cases in New York dating back to 1813 show that common law marriage existed in some early states. After mid-century, however, thinking shifted, and instead of common law marriage being the main rule in the United States, it became an exception. By 1900, half the states had prohibited common law marriages across the board or only after a specified date.
New Mexico is among the handful of states that retain common law marriage in some form. Most New Mexicans know, or at least have heard, about the concept of common law marriage because of the local answer to the question of how long a couple needs to live together before having a common law marriage. In fact, the requirements are that the parties must not be married legally to another person, either engage in a permanent relationship, be domiciled in New Mexico, and couple together hold themselves out as married. Some of the items the court will look at are joint bank accounts or credit cards, introduce each other as spouse to family members, and purchase a house together.
Keep in mind that if a couple has entered into a common law marriage and wants to end the relationship, they still must go through the divorce process, just as if they had entered into a traditional marriage.
Non-Common Law Marriage Alternatives in New Mexico
While there are strict requirements for a common law marriage – including proof of intent to live together (often assumed after three years), mutual consent, and continuous cohabitation – there are legal alternatives that provide the same protections as a legal marriage without going through the process of an official union. For example, a cohabitation agreement is much like a prenuptial agreement for common law marriages. It formally states the intentions of each party as far as assets and debts should the relationship avoid marriage or come to termination. Setting out all of your responsibilities, from supporting each other to how you each will manage shared property, can save you a lot of time and money in a common law divorce if you do decide to go that route.
A domestic partnership is another legal alternative available to couples who wish to avoid the commitment of a common law marriage. A domestic partnership requires that you fulfill the requirements of a common law marriage without license or ceremony, and that your mutual consent and intention as domestic partners legally unify your decision to marry. Through a domestic partnership, you can enjoy all of the same rights and obligations as a common law married couple, including shared assets, debts, and property. This alternative also provides for mutual support in case of emergency, up to and including the right to make end-of-life decisions for one another.
Although not for everyone, legal alternatives to common law marriages can help you achieve the same peace of mind of a legal union without the strict requirements.
Legal Issues When Residing in New Mexico with a Common Law Marriage
Common law marriage is not recognized in New Mexico, but what happens if you and your spouse have a common law marriage in another state? If you and your spouse have a common law marriage in a jurisdiction that does recognize common law marriages, and one or both of you decide to move to New Mexico, you may be wondering about the legal implications of that move. This section will hopefully clarify this for you. Under New Mexico law, any common law marriage entered into before 1957 is valid in New Mexico. In fact, prior to 1986, all couples in New Mexico who had lived together were presumed to have a common law marriage, regardless of whether they were legally married in another state or territory. Since 1986, however, New Mexico only recognizes common law marriages created before 1957. If you have a common law marriage from a state that allows them, you may seek to have the marriage validated. Courts in New Mexico will do this without having an official declaratory judgment action or order, but will instead consider the circumstances. If one person in your marriage did not consent to the marriage, or if the marriage took place in a foreign jurisdiction with procedural or substantive issues, then that common law marriage will not be valid in New Mexico . The same goes if you were married to someone else at the time of the second marriage. If you did not have the capacity to marry or lacked the intent to marry; the marriage will also likely not be found to be valid. If you believe your common law marriage is valid in New Mexico, you could include the pre-marital property as part of the property division, along with any property acquired during the marriage. The potentially confusing aspect of a common law marriage in New Mexico if you move here from another state is what happens if you move after the common law marriage was established. In other words, what happens if you and your spouse have lived somewhere for the entire marriage but want to move to New Mexico? You may not necessarily owe spousal support after your divorce if you have been in a long-term common law marriage under 5 more years. If one or both spouses did not live in New Mexico, there are residency and jurisdictional issues at play. Even though the common law marriage may be valid in New Mexico, you do not automatically lose your statutory rights in the place where you were married, even if you have moved somewhere else for more than a year.
Legal Guidance and Resources for Unmarried Couples
For unmarried couples, understanding your legal rights and responsibilities in New Mexico can be particularly challenging, especially when it comes to matters such as property ownership, child custody, and potential spousal support. Unlike traditional marriages, common law relationships can leave you and your partner with uncertainty regarding each party’s legal rights.
To better understand your rights as an unmarried couple, it’s important to seek legal advice that is specific to your case and to seek it early and often to avoid misunderstanding or miscommunication among legal proceedings. In New Mexico, there are several legal resources available to which you can turn for assistance, including:
While looking for resources on your own is understandably a natural reaction, you need to keep in mind that the law is complex, and we always recommend working with a lawyer who has the skills and expertise to meet your needs for your particular situation . There is no one-size-fits-all legal advice, and a good lawyer can craft an approach to your case that makes sense for your particular circumstances.
It is also important to work with an attorney who is specifically experienced in common law marriage or unmarried couples in New Mexico, as these types of relationships certainly have their own distinctive legal issues. Wherever you are located in New Mexico, you can find a lawyer who fits your needs.
While the unconventional nature of common law marriage and ends of relationship may cause you to consider pursuing your case in Small Claims Court or other venue, cases involving common law marriage and unmarried couples in New Mexico can get very complicated very quickly and require legal help to navigate. A good lawyer can help you prevent future legal disasters and put you in the best position moving forward.