| Q. |
Who can perform a marriage ceremony
in New York state?
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To
be valid, a marriage ceremony must be performed by any of the
individuals specified in Section 11 of the New York State Domestic
Relations Law. These include:
- the mayor of a city or village;
- the former mayor, the city clerk
or one of the deputy city clerks of a city of more than
one million inhabitants;
- a marriage officer appointed by
the town or village board or the city common council;
- a justice or judge of the following
courts: the U.S. Court of Appeals for the Second Circuit,
the U.S. District Courts for the Northern, Southern, Eastern
or Western Districts of New York, the New York State Court
of Appeals, the Appellate Division of the New York State
Supreme Court, the New York State Supreme Court, the Court
of Claims, the Family Court, a Surrogates Court, the Civil
and Criminal Courts of New York City (including Housing
judges of the Civil Court) and other courts of record;
- a village, town or county justice;
- a member of the clergy or minister
who has been officially ordained and granted authority to
perform marriage ceremonies from a governing church body
in accordance with the rules and regulations of the church
body;
- a member of the clergy or minister
who is not authorized by a governing church body but who
has been chosen by a spiritual group to preside over their
spiritual affairs;
- other officiants as specified by
Section 11 of the Domestic Relations Law.
The person performing the ceremony
must be registered with the City of New York in order to perform
a ceremony within the New York City limits. The officiant does
not have to be a resident of New York State. Ship captains are
not authorized to perform marriage ceremonies in New York State.
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| Q. |
Where do you
get a New York state marriage license?
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A
couple who intends to be married in New York State must apply
in person for a marriage license to any town or city clerk in
the state. The application for a license must be signed by both
the bride and groom in the presence of the town or city clerk.
A representative cannot apply for the license on behalf of the
bride or groom. This applies even if the representative has
been given the Power of Attorney. Notarized marriage license
affidavits signed by the bride or groom cannot be substituted
for their personal appearance.
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| Q. |
Is
there a waiting period for a New York state marriage license? |
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Yes.
Although the marriage license is issued immediately, the marriage
ceremony may not take place within 24 hours from the exact time
that the license was issued. When both applicants are 16 years
of age or older, the 24-hour waiting period may be waived by
an order of a justice of the Supreme Court or a judge of the
County Court of the county in which either the bride or groom
resides. If either person is under 16 years of age, the order
must be from the Family Court judge of the county in which the
person under 16 years of age resides.
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| Q. |
How long is
the New York state marriage license valid?
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|
A
marriage license is valid for 60 days, beginning the day after
it is issued.
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| Q. |
How much does
a New York state marriage license cost?
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If
the marriage license is issued by a town or city clerk in New
York State outside of New York City, it costs $40. This fee
includes the issuance of a Certificate of Marriage Registration.
This certificate is automatically sent by the issuing clerk
to the applicants within 15 days after the completed license
is returned by the officiant (person who performs the marriage
ceremony). It serves as notice that a record of the marriage
is on file. Couples who do not receive a Certificate of Marriage
Registration within four weeks of the wedding should contact
the town or city clerk who issued the license.
If the license is to be issued by the City Clerk of the City
of New York, please contact the New York City Clerk's Office
for current fees and requirements. The City Clerk's Office can
be reached at (212) 669-2400 or via their web site at New
York City Marriage Bureau. |
| Q. |
Is a premarital
physical exam required for a New York State marriage license?
|
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No
premarital examination or blood test is required to obtain a
marriage license in New York State.
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| Q. |
What are the
age and consent requirements for minors?
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•
If either applicant is under 14 years of age, a marriage license
cannot be issued.
• If either applicant is 14 or 15 years of age, such
applicant(s) must present the written consent of both parents
and a justice of the Supreme Court or a judge of the Family
Court having jurisdiction over the town or city in which the
application is made.
• If either applicant is 16 or 17 years of age, such
applicant(s) must present the written consent of both parents.
• If both applicants are 18 years of age or older, no
consents are required.
• One parent alone may consent to a minor's marriage
if:
- The other parent has been missing for one year
preceding the application;
- The parents are divorced and the consenting
parent was given sole custody of the child when the divorce
decree was awarded;
- The other parent has been judged incompetent;
or the other parent is deceased.
- Parents, guardians or other people consenting
to the marriage of a minor must personally appear and acknowledge
or execute their consent before the town or city clerk or
some other authorized official. If the notarized affidavit
is made before an official outside of the State of New York,
it must be accompanied by a certificate of authentication
when the consent is filed in New York State.
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| Q. |
Proof of Age
and Identity - New York State Marriage License
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|
A
person is required to establish proof of age and identity by
submitting to the issuing clerk one of the following age related
documents:
1. Birth Certificate
2. Baptismal record
3. Naturalization record
4. Census record
And one of the following identity related documents:
1. Driver's license
2. Passport
3. Employment picture ID
4. Immigration record |
| Q. |
Familial Restrictions
- New York State Marriage License
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A
marriage may not take place in New York State between an ancestor
and descendant, a brother and sister (full or half blood), an
uncle and niece or an aunt and nephew, regardless of whether
or not these persons are legitimate or illegitimate offspring.
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| Q. |
Previous Marriages
- New York State Marriage License
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Information regarding previous marriages must be furnished in
the application for a marriage license. This includes whether
the former spouse or spouses are living, and whether the applicants
are divorced and, if so, when, where and against whom the divorce
or divorces were granted. A certified copy of the Decree of
Divorce or a Certificate of Dissolution of Marriage may be required
by the clerk issuing the marriage license. |
| Q. |
Where Can
a marriage ceremony take place for a New York State Marriage
License?
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A New York State marriage license
may be used within New York State only. Please note that if
you go out of New York State to be married, your New York State
marriage license will not be filed in New York State.
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| Q. |
What about
the marriage ceremony for a NY State Marriage License?
|
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There is no particular form or ceremony required except that
the parties must state in the presence of an authorized member
of the clergy or public official and at least one other witness
that they take each other as husband and wife. There is no minimum
age for a witness. However, in selecting a witness, choose at
least one person who you feel would be competent to testify
in a court proceeding as to what he or she witnessed.
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| Q. |
Where can
I get copies of my New York State Marriage License?
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For
copies of marriage licenses issued anywhere in New York State
except the five (5) boroughs of New York City, a certified copy
of the marriage record may be obtained from the office of the
town or city clerk who issued the license, or from the New York
State Department of Health. The fee is $10 if you obtain a certified
copy from the town or city clerk who issued the license. If
applying to the New York State Department of Health, the fee
is $30. For a certified copy, write to:
Certification Unit
Vital Records Section
New York State Department of Health
P.O. Box 2602
Albany, New York 12220-2602
For marriage licenses issued in New York City, do not apply
to the New York State Department of Health. For an application,
current fees and ordering information contact the City Clerk
of New York at (212) 669-2400 or visit their web site at New
York City Marriage Bureau.
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