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 $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.
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 and Identity
A person is required to establish proof of age and identity by submitting to
the issuing clerk one of the following age related documents:
Birth Certificate
Baptismal record
Naturalization record
Census record
And one of the following identity related documents:
Driver's license
Passport
Employment picture ID
Immigration record
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.
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.
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 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.
Where can I get copies of my records?
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. You can also write
them at:
New York City marriage records from 1930 to 1995 can be obtained solely
from the Manhattan Office.
MANHATTAN:
Municipal Building
1 Centre Street, Room 252 South
New York, New York 10007
BRONX:
Supreme Court Building
851 Grand Concourse
New York, New York 10451
BROOKLYN:
Municipal Building
210 Joralemon Street, 2nd Floor, Room 205
Brooklyn, New York 11201
QUEENS:
Borough Hall Building 120-55 Queens Boulevard
Kew Gardens, New York 11424
RICHMOND:
Borough Hall Building
10 Richmond Terrace, 3rd Floor, Room 311
Staten Island, New York 10301
New York Marriage License
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