Prior to a ceremony, all persons authorized to solemnize marriage shall require the parties contemplating marriage to produce a license signed and sealed by the county clerk issuing the license. Nothing in Chapter 40, Article 1 NMSA 1978 shall excuse any person authorized by the laws of this state to solemnize the contract of marriage from being satisfied as to the legal qualifications of any parties desiring to be married, in addition to the authority conferred by the license.
History: Laws 1905, ch. 65, § 3; Code 1915, § 3437; C.S. 1929, § 87-113; 1941 Comp., § 65-112; 1953 Comp., § 57-1-12; 2013, ch. 144, § 9.
The 2013 amendment, effective June 14, 2013, required all persons authorized to solemnize marriage to require the parties to produce a marriage license; added the title of the section; after the title, deleted "Sec. 13"; in the first sentence, added "Prior to a ceremony" and after "county clerk", deleted "authorizing said marriage" and added "issuing the license"; and in the second sentence, after "excuse any person", deleted "from exercising the same care in satisfying himself" and added "authorized by the laws of this state to solemnize the contract of marriage from being satisfied" and after "any parties desiring", deleted "him to perform the marriage ceremony, now required of him by law" and added "to be married".
Structure New Mexico Statutes
Article 1 - Marriage in General
Section 40-1-1 - [Marriage is civil contract requiring consent of parties.]
Section 40-1-2 - Marriages solemnized; ordained clergy or civil magistrates may solemnize.
Section 40-1-3 - Ceremony by religious society.
Section 40-1-4 - [Lawful marriages without the state recognized.]
Section 40-1-6 - Restrictions on marriage of minors.
Section 40-1-7 - Incestuous marriages.
Section 40-1-9 - Prohibited marriages.
Section 40-1-10 - License required; county clerk.
Section 40-1-11 - Fees; disposition.
Section 40-1-14 - Production of license and proof of legal qualifications.
Section 40-1-15 - Certification of marriage; recording and indexing.
Section 40-1-16 - Application of law.
Section 40-1-17 - Uniform use form.
Section 40-1-18 - Form of application, license and certificate.
Section 40-1-19 - Offenses; penalties.
Section 40-1-20 - [Marriages without license in 1905 validated.]