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After spending many years together in a de facto ?marriage?, many New Mexican couples expect that at least some marital rights can be recognized through a common-law marriage. Unfortunately, in most cases, New Mexico does not recognize common-law marriages.
Yes. Two witnesses over the age of 18 must be present at the marriage ceremony (NMSA 40-1-2).
Though most of these laws have been repealed or are no longer enforced, they still exist in some state statutes. Eight states still have laws prohibiting cohabitation, which is usually defined as two individuals living together as husband and wife without being legally married.
Cohabitation is used primarily to denote the arrangement between two individuals who live together, either as spouses or unmarried partners.
Domestic Partnership Process: must share the same primary residence. must meet the age requirements for marriage in the State of New Mexico and be mentally competent to consent to contract. must not be related by blood to the degree prohibited in a legal marriage in the State of New Mexico.
The state does not recognize common-law marriage or cohabitation and will only recognize domestic partnership agreements if the parties created a legal agreement in another state and moved together to New Mexico.
Criminal Laws: Unmarried cohabitation: Six states continue to make it a crime for an unmarried man and a woman to cohabit together: Florida, Michigan, Mississippi, North Carolina, North Dakota, Virginia and West Virginia fall into this category. Arizona and New Mexico decriminalized unmarried cohabitation in 2001.