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Common Law marriage Laws in New Mexico


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#1 Wizzzz

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Posted 15 August 2012 - 03:56 PM

What is the required length of time required to be Common Law married in New Mexiso.
My live in fiancee, was served to testify against me in an upcoming trial. We were co-defendants, but the charges were dropped against her as part of a plea bargin agreement. Can we use the common laws as a way for her not to appear. Even 5th ammendment will make both of us appear to be guilty if she has to testify. We were entrapped but first they have to prove we commited a crime to use the entrappment defense.

#2 harrylime

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Posted 15 August 2012 - 05:18 PM

New Mexico has not recognized common-law marriages since 1860.

#3 TheGeneral_KD

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Posted 15 August 2012 - 08:52 PM

And even if NM did recognize common-law marriages, it wouldn't help you. Even in states that have a marital privilege, it doesn't extend to common law marriages in any instance I've ever heard of, and even if it did it probably doesn't mean she can't testify against you....at most (probably) it would forbid her from revealing "confidential communications", but there are even exceptions to that. So, bottom line, you're out of luck there. "Entrapment" is the most overused, overplayed word on this message board. It is SO FREAKIN' HARD to prove entrapment, it almost may as well not even exist as a defense. If you have a lawyer (and if you don't, get one), talk to him or her about this.

#4 Tax_Counsel

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Posted 15 August 2012 - 09:31 PM

Even in states that have a marital privilege, it doesn't extend to common law marriages in any instance I've ever heard of, and even if it did it probably doesn't mean she can't testify against you....at most (probably) it would forbid her from revealing "confidential communications", but there are even exceptions to that.


A common law marriage is just like any other marriage; the only difference between them is how the marriage is created. Thus, the marital privilege would apply equally to spouses in a common law marriage as to spouses in a marriage formed via a marriage license and ceremony, assuming of course that the common law marriage is proven to exist. Of course, since common law marriage is not recognized in NM, this doesn't help Wizzzz at all.

#5 pg1067

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Posted 16 August 2012 - 05:53 AM

What is the required length of time required to be Common Law married in New Mexiso.


First of all, NM does not allow the formation of common law marriages. Second, even in those states that do allow the formation of common law marriages, it is a popular misconception that simply living together for some particular period of time will result in a common law marriage or that a person can find him/herself in a common law marriage without any intent to be married. The primary requirement for a common law marriage is a mutual intent to be married. Other requirements depend on the applicable state law, but, again, NM does not allow the formation of common law marriages.


My live in fiancee, was served to testify against me in an upcoming trial.


Even if NM did allow the formation of common law marriages, that you refer to this woman as your fiancee tells us that you couldn't have a common law marriage. A "fiancee" is a woman to whom you are engaged to be married. If you really had a common law marriage, you would refer to her as your wife.

You need to be speaking with a criminal defense attorney about the best possible defense strategy for you.

#6 Guest_FindLaw_Amir_*

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Posted 16 August 2012 - 06:24 AM

I agree with the previous poster, you may want to consult with a local New Mexico Criminal Defense Lawyer to advise you of your rights.




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