GETTING MARRIED IN NEW YORK

Here's what you need to know to make the marriage legal in New York.

In order to get married, you need to apply and receive a marriage license.

When you apply for your license, you'll not only need a proof of identification and age, will need to provide any information about previous marriages, and will need to pay a nominal fee.

ID Requirement Any of the following documents will be accepted:
•  Valid Driver's License
•  Valid passport
•  A certified copy of a birth certificate.
•  A school record
•  A naturalization record or court record
•  A baptismal record
•  A life insurance policy
•  An employment certificate
•  An immigration record

Application 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 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.

If Divorced: 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.

Fees: 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 $35. 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. For international couples, please request the "EXTENDED FORM".  I believe there is also an additional fee for this ($35 money order).  Please inquire at the clerk's office as to the exact fee and process involved.

Waiting Period:  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.

Blood Tests: No premarital examination or blood test is required to obtain a marriage license in New York State.

Under 18: 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.

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.

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. This way, you will get credit for all your earnings. 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.

Valid: License is valid for 60 days.
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.

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

Staten Island Borough (no longer called Richmond):
Borough Hall, St. George, Staten Island, New York 10301

New York County Clerk's Office

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

626 East 20th Street, New York, NY 10009

phone: 212-995-0303

email: info@cityceremonies.com

Copyright 2000 © City Ceremonies