Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 31-320

November 23, 1931

BY: E. K. Neumann, Attorney General

TO: Mr. Gilberto Mirabal, County Clerk, Santa Fe, New Mexico. Attention: Mr. H. Alarid, Jr.

{*121} In your letter of November 21, 1931 you ask the following two questions:

1. Can a marriage license issued in this County be used in some other County?

2. Is the marriage legal if a priest or minister performs the ceremony using a license from some other county?

Section 87-111 of the 1929 Code requires that the license be procured in the county wherein the marriage is to occur. However, I do not think that a marriage performed in another county than that in which the license was issued is for that reason void. The performance of such a marriage ceremony may render the persons involved liable to certain penalties, but, in my opinion, does not render the marriage void or illegal.

By Quincy D. Adams,

Asst. Attorney General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.