New York State Marriage License

Getting Married in New York State

If you have any questions concerning the information presented in “Getting Married in New York State,” please be aware that CNYweddings is unable to answer your questions. Please visit the New York State web site where this information was obtained

http://www.health.state.ny.us/nysdoh/consumer/vr/married.htm

Your questions should be directed to them, or to the Town or City Clerk where you intend to be married.

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.

Rubella  is a common childhood disease. It is usually  not  serious  to
children who contract it themselves, but can be a tragic crippler of unborn
babies if transmitted to pregnant women.

Rubella infection poses a grave threat to the unborn child, especially
during  the  first  four  months  of pregnancy. It can lead to miscarriage,
stillbirth or one or all of the tragic defects such as deafness, blindness,
crippling congenital heart disease, mental  retardation  and  muscular  and
bone defects.

In  order to be immune to rubella, one must either receive the rubella
vaccine or actually  have  had  the  disease.  To  learn  whether  you  are
susceptible  to  rubella, have your doctor give you a blood test. Even more
important is the availability of a rubella vaccine which will  prevent  you
from ever contracting the disease.

In  order  to  protect  yourself, your family and your friends, please
take steps to prevent the tragic effects of rubella.   Contact your  family
doctor,  health care provider, public health facility or clinic for further
information.

Publication #4210

Tags: Marriage License