Marriage Certificate never filed - still married?

[inthemiddleadmi]

What is the name of your state (only U.S. law)? NM


I hope someone will be able ot answer this for me.

If a marriage certificate was never filed with the courts/records are the two people legally married?


Thanks in advance for your help! What is the name of your state (only U.S. law)?

[MominCarolina]

Originally Posted by inthemiddleadmi

What is the name of your state (only U.S. law)? NM


I hope someone will be able ot answer this for me.

If a marriage certificate was never filed with the courts/records are the two people legally married?


Thanks in advance for your help! What is the name of your state (only U.S. law)?

How do you know it wasn't filed? Who didn't file it?

[inthemiddleadmi]

I know it wasn't filed because it's sitting on my desk. It's dated 5 years ago.

[LdiJ]

Originally Posted by inthemiddleadmi

I know it wasn't filed because it's sitting on my desk. It's dated 5 years ago.

How do you know that its not just your copy of it? How do you know that its the original, offical copy that should have been filed, and not a ceremonial copy that the officiate provided to you?

If the officiate truly never filed it, then you may not be married. However you have to be certain that it was never filed.

This is too big of an issue to rely solely on the advice of an internet message forum. You need to be consulting with a local attorney.

[inthemiddleadmi]

Thank you for the information.

I know it is not a copy of it but in fact the original because after leaving the

court house when we got married, I put it in the original envelope and put it in

my safe deposit box at the bank (no one has access but me) where it has

remained until this morning. The Officates here do not file them, it is our

responsibility to take the original to the county Clerks office to file.

Thank you for your help

[justalayman]

I do not know in your state but in mine, you have to file it within a certain period of time or the "permit" becomes invalid and as such, you are not married and would have to seek a new license. Is there anything on the license stating it must be mailed or registered within a certain time period?

a real quick search states the license does not expire so unless there is some time constraint requiring it to be registered within a certain period of time, I would think simply mailing it in would take care of things.

I'll keep looking to see if there is any requirement of registration within some period of time of ceremony.

well, I found this on the Sante Fe County site:

The marriage license will need to be recorded within 90 days from the day of marriage
ceremony.

it does not state if it invalidates the marriage but will keep looking.

I've found nothing else. I would suggest you call the county clerks office at your earliest convenience.

[TheGeekess]

Originally Posted by inthemiddleadmi

Thank you for the information.

I know it is not a copy of it but in fact the original because after leaving the

court house when we got married, I put it in the original envelope and put it in

my safe deposit box at the bank (no one has access but me) where it has

remained until this morning. The Officates here do not file them, it is our

responsibility to take the original to the county Clerks office to file.

Thank you for your help

According to NM law, yes, the officiant has to file the license.

40-1-15. [Certification of marriages; recording and indexing.]

It shall be the duty of all persons performing the marriage ceremony in this state as herein provided, to certify said marriage to the county clerk within ninety days from the date of marriage. The county clerk shall immediately upon receipt of said certificate cause the same to be properly recorded and indexed in a permanent record book kept for that purpose as a part of the county records.

[url=http://www.conwaygreene.com/nmsu/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=11524dcf.61c67343.0.0&q=%5BGroup%20%2740-1-15%27%5D]NextPage LivePublish[/url]

[MominCarolina]

The easiest way of finding out would be to visit your clerks office and ask them for a certified copy. If they don't have it on record, then ask them what that means.

[inthemiddleadmi]

Thank you!