Getting Married
in New York State
Where do you get a marriage license?
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 both by the bride and groom in the presence of the town or city clerk.
A couple who intends to be married in New York State
must apply in person for a marriage license in person. A representative can not 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.
How long is the license valid?
A marriage license is valid for 60 days, beginning the day after it is issued.
How much does the license cost?
If the marriage license is issued by a town or city clerk in New York State outside of New York City, it costs $40. 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 a notice that a record of the marriage is on file.
Is a premarital physical exam required?
No premarital examination or blood test is required to obtain a marriage license in New York State.
Who can get married?
Age Requirements
* If either applicant is under 14 years of age, a marriage license can not be issued.
* If either applicant is 14 or 15 years of age, such applicants 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 applicants 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.
* 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 a town or city clerk.
Do I need proof of my 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 or immigration record. No other types of proof, such as statements by parents, may be accepted.
Are there any other restrictions?
A marriage may not take place in New York State between an ancestor and descendant, a brother and a sister (full and half blood) an uncle and niece or an aunt as nephew, regardless of whether or not these persons are legitimate or illegitimate offsprings.
What if I was married before?
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.
Where can a marriage take place?
A New York State marriage license may be used within New York State only. 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.
Who can perform a marriage ceremony?
To be valid, a marriage ceremony must be performed by any individuals specified in Section 11 of the New York State Domestic Relations Law. These include:
* the mayor of a city or village
* a village, town, or county justice or judge.
* 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.
Ship captains are not authorized to perform marriage ceremonies in New York State.
In order to perform a ceremony within the city limits of New York City, the person performing the ceremony must be registered with the City of New York. The officiant does not have to be a resident of New York State.
