How to Get Married in New York

I may earn money or products from the companies mentioned in this post. This helps me support my blog and my family at no extra cost to you.

So, you've planned a lovely wedding, stayed within your budget, and and now you're ready for the actual getting married part of the process. But how? Don't worry, Tulle Nation, I've got you taken care of. Each week this year, I'll be sharing all the information you need to know to get married in one state in the United States. Today, New York!

So, you've planned a lovely wedding, stayed within your budget, and and now you're ready for the actual getting married part of the process. But how? Don't worry, Tulle Nation, I've got you taken care of. Each week this year, I'll be sharing all the information you need to know to get married in one state in the United States. Today, New York!

How to Get Married in New York

Application, ID, and Residency Requirement: 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 applicants in the presence of the town or city clerk. A representative cannot apply for the license on behalf of the applicants. This applies even if the representative has been given a Power of Attorney. Notarized marriage license affidavits signed by the applicants cannot be substituted for their personal appearance.

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 of the applicants resides.

No premarital examination or blood test is required to obtain a marriage license in New York State. If both applicants are 18 years of age or older, no consents are required. A marriage may not take place in New York State between an ancestor and descendant, siblings (full or half blood), an uncle and niece or nephew or an aunt and niece or nephew, regardless of whether or not these persons are legitimate or illegitimate offspring.

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.

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

Under 18: In New York:

  • 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.

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.

How Much a Marriage 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. This fee includes the issuance of a Certificate of Marriage Registration. 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) NEW-YORK or via its web site at New York City Marriage Bureau.

Officiants:

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.

Valid: In New York, a marriage license is valid for 60 calendar days, beginning the day after it is issued.

Equality Rights: Same sex marriage is legal in New York.

You and your current spouse can get married again in New York even if you were previously married in another jurisdiction. If you bring an original or certified copy of your current marriage certificate when applying for a Marriage License here, you will not need to wait 24 hours and can hold your New York marriage ceremony right away. (Note: Under existing law, the State of New York recognizes valid marriages performed elsewhere, including same-sex marriage.  If you have questions about whether to get married again in New York, please talk to a lawyer.)

Name Change: Getting a marriage license with your new name on it does not mean your name has automatically changed.

It is very important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans.

Please Note: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.

How many of you are getting married in New York?