The Marriage License
Where do you get one?
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.
Is there a waiting period?
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.
How long is the license valid?
A marriage license
is valid for 60 days, beginning the day after it
is issued.
How much does it cost?
If the marriage license is
issued by a town or city clerk in New York State
outside of New York City,
it costs $25. If it is issued by the City Clerk of
the City of New York, it costs $30. The fee in either
case 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.
Is a premarital physical exam required?
No premarital
examination or blood test is required to obtain a
marriage license in New York State.
What are the age and consent requirements
for minors?
- 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.
Proof of Age
A person may be required to submit documentary
proof of age in the form of a birth certificate,
baptismal
record, passport, driver's license, life insurance
policy, employment certificate, school record,
immigration record, naturalization record or
court record. No
other type of proof, such as a statement by
parents, may be accepted. Familial
Restrictions
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.
Previous Marriages
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.
Surname Options
Every person has the right to adopt
any name by which he or she wishes to be known simply
by using
that name consistently and without intent to defraud.
A person's last name (surname) does not automatically
change upon marriage, and neither party to the marriage
is required to change his or her last name. The bride
and groom need not take the same last name.
One or both parties to a marriage may elect to change
the surname by which he or she wishes to be known
after the marriage by entering the new name in the
appropriate space provided on the marriage license.
The new name must consist of one of the following
options:
- the surname of the other spouse;
- any former surname
of either spouse;
- a name combining into a single
surname all or a segment of the premarriage surname
or any former
surname
of each spouse;
- a combination name separated
by a hyphen, provided that each part of such
combination surname
is the premarriage surname, or any former
surname, of each
of the spouses.
The use of this option will provide a record
of your change of name. The marriage certificate,
containing
the new name, if any, is proof that the
use of the new name, or the retention of
the
former name, is
lawful. The local Social Security Administration
office should be contacted so that its
records and your social security identification
card
reflect
the name change. There is no charge for
this service.
Whether you decide to use
or not use this option at the time of your marriage
license
application,
you still have the right to adopt a different
name through usage at some future date.
However, your
marriage license cannot be changed to
record a surname you decide to use after your
marriage. Where
can a marriage take place?
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.
What about the ceremony?
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.
Who can perform a marriage ceremony?
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 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 NYS Court of
Appeals, the Appellate Division of the
NYS Supreme Court, the NYS 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.
Where can I get
copies of my records?
For copies of marriage licenses
issued anywhere in New York State except 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 $5. For a certified copy, write to:
Vital Records Section
New York State Department of Health
Empire State Plaza
Albany, New York 12237-0023
For marriage licenses
issued in New York City, do not apply to the New
York State Department of Health.
You must apply to the borough office of the City
Clerk of New York in the borough where the license
was issued. The fee is $15 per copy. Write to the
City Clerk of New York: MANHATTAN:
Municipal Building, New York, New York 10007
BRONX:
780 Grand Concourse, New York, New York 10457
BROOKLYN:
Municipal Building, Brooklyn, New York 11202
QUEENS:
20-55 Queens Boulevard, Kew Gardens, Jamaica,
New York 11424
RICHMOND:
Borough Hall, St. George, Staten Island, New York
10301
If you plan to use your married name at work, be
sure to have your name changed in Social Security
records. This way, you will get credit for all your
earnings. It's easy and it's absolutely free. Contact
any Social Security office. Look in the telephone
book for the address and phone number. You will need
documentary evidence showing both your old name and
your new name.
As with any other laws, marriage laws can change
so we advise you to check with the county, city,
or town clerk.
View
local wedding professional in New York
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