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IDo'ing it Right
How to Get a New York State Marriage License
Marriage is a legally binding commitment that requires a license. The following are guidelines for those getting married in New York State. We suggest you contact the city or town clerk where you plan to get married, in advance, to check on any specific requirements they may have.
When: It is often advised to apply for a marriage license about a month before the wedding date.
Where: Both bride and groom must apply together in person at any town or city clerk office within New York State. Fill out the official application form and sign it (both bride and groom) in the presence of the clerk. It is advised that the license is proofread for errors by the couple before they leave the clerk's office.
Waiting Period: The license is issued right away, but there is a twenty-four hour waiting period before the marriage can take place. This may be waived by an order of the Supreme or County Court, where either live, if they are both 16 years of age or older. The Family Court in the county of residence can issue a waiver to those under 16.
Age:
- 18 is the legal age of marriage in New York State, no parental consent is required.
- If either bride or groom is 16 or 17 years of age, they must submit the written consent of both parents.
- If either party is under the age of 14 years of age, a NYS marriage license cannot be issued.
- If either is 14 or 15 years of age, written consent from both parents and a justice of the Supreme Court or Family Court in their jurisdiction, must be presented at time of application.
- Parents consenting to the marriage of minors must appear personally in front of the clerk or other authorized official. If they are out of state, a notarized affidavit accompanied by a certificate of authentication, can be used in place of personal appearance.
- One parent may consent to a minor's marriage if: sole custody has been granted in a divorce; the other has been missing for a year prior to the application; the other parent is deceased or judged incompetent.
Fees: The cost of as marriage license application is $40 in New York State. This fee covers the issuance of a Certificate of Marriage Registration, which is sent by the issuing clerk to the applicants 15 days after the completed license is returned to the clerk by the officiant (who performs the ceremony). This serves as the official record of marriage. If it doesn't arrive within four weeks, contact the clerk's office.
In New York City, the fee for a marriage license is $35 payable by money order only. The New York City Clerk's office can be reached at (212) 669-2400 or visit New York City Marriage Bureau on the web.
Validity: The marriage license is valid for sixty days, starting the day after it is issued, and can only be used in New York State.
Proof: Proof of age must be shown, by using one of the following ID: birth certificate; census record; baptismal record; or naturalization record. And proof of identity must be shown with one of the following: valid driver's license (from the U.S. or one of its territories); passport; immigration record; or employment picture ID. Provide proof of cessation of any previous marriage (divorce, death, dissolution, annulment) must also be submitted.
Other Requirements: There is no residence or citizenship status requirement to obtain a New York State marriage license. A premarital blood test and/or physical exam are not required in New York State.
Restrictions: A marriage license cannot be issued for a union between ancestor and descendant or other blood relatives (full or half), including brother and sister, uncle and niece or aunt and nephew, whether they are legitimate offspring or not.
Surname: A last name (surname) does not automatically change or is it required to change upon marriage. Anyone has the right to take on a surname if they use it over time, without intent to defraud. In order to change a surname, it must be entered onto the marriage application. Surname options include: last name of other spouse; former last name of either partner; a combination of both surnames (or former surnames) separated by a hyphen or a single surname combining part of or all former surnames.
Officiant: Section 11 of the Domestic Relations Law specifies who can officiate a marriage ceremony in the State of New York. The list includes authorized, officially ordained clergy members or public officials in the State of New York, such as a mayors, city (or deputy) clerk, judge or justice or appointed marriage officer. In New York City, the officiant must be registered with the City of New York. Ship captains are prohibited from officiating marriage ceremonies in this state.
Witnesses: The ceremony must have at least one witness. New York State has no age requirement for witnesses, however, in New York City a witness must be at least 18 years of age.
Copies of Records: A certified copy of New York State a marriage license (except those issued in New York City) can be obtained for $10 from the issuing town or city clerk's office or for $30 from the New York State Department of Health. For a copy from the Department of Health, write to:
Certification Unit
Vital Records Section
New York State Department of Health
P.O. Box 2602
Albany, N.Y. 12220-2602
For copies of marriage licenses issued in New York City, call the City Clerk at (212) 669-2400 or visit their web site at New York City Marriage Bureau.
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