New York Marriage Laws > NY Wedding Officiants

Marriage license Laws in the state of New York, here is what you need to bring with you, and what you need to know about the New York marriage laws before filling out the New York marriage license form.

In order to get married, you need to apply and receive a marriage license. This is the document in your state that allows you to officially tie the knot under the law. The rules for acquiring your marriage license varies from state to state, so you should check with your city's marriage bureau at your clerk of court's office or the City Clerk of New York in the borough to find out what your local rules are.

You'll typically need to apply for your marriage license at least one month before your wedding ceremony. You'll traditionally need to send in your birth certificates, tax information, and other official documents. You don't, however, want to apply for your marriage license too early. In some states, the licenses do expire, if you don't get married within a few months.

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. You will also need to have a witness when you sign the application, so plan on bringing your maid of honor or best man with you. The bride will need to know what her married name will be before she signs the marriage certificate. You'll have to write that name on the application.

And, believe it or not, just because you have your marriage license sent to you in the mail does not mean you are officially married. You need to have a justice of the peace or a religious clergyman sign the document. On your wedding day, you'll give your chaplain your marriage license, then after the ceremony, he'll sign it and send it to the proper government agency for validation.

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

Residency Requirement: Non-residents cannot obtain a marriage license if said marriage would be void in their state.

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 $40.00 - $50.00. 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.

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.

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.

Marriage Ceremony: For one reason or another some couples have a civil ceremony performed while preparing or waiting for a religious ceremony. The Officiant of the subsequent religious ceremony may require that a license be presented before performing the ceremony. In that case a couple already legally married may apply for a second or subsequent license. As is the case with the first ceremony, the issuing Town or City will once again issue a Certificate of Marriage Registration. (As a point of interest, Delaware, Maryland and Virginia require that there must be a religious ceremony, and although there is no particular form of ceremony required by law the parties must consent to the marriage and express their intent to enter into the relationship of husband and wife.)

Components of a License: There are 3 parts to the marriage license:
• an Affidavit: The Affidavit portion is a written declaration made under oath before a town or city clerk attesting to the truth of the information provided. It reads, "I, being duly sworn, depose and say, that to the best of my knowledge and belief that the information I provided is true and that I declare that no legal impediment exists as to my right to enter into the marriage state." Providing false information, such as not reporting a previous marriage not been legally dissolved through either divorce or annulment, is one such example. Not only is this an act of perjury (intentional lying under oath) but the subsequent ceremony would make the offender guilty of bigamy as well.

• the License: The License portion authorizes the marriage ceremony to take place by any person authorized to do so in §11 of New York Domestic Relations Law. This person is generically referred to as the Officiant. As previously mentioned, this may be issued for a second or subsequent ceremony, usually religious.

• the Certificate of Marriage: The Certificate portion is filled in by the Officiant. It states, "I certify that I solemnized the marriage of the persons named above on the date and at the time and place indicated." -- Except the 5 boroughs of NYC in which the license is different.

The Officiant of a marriage ceremony is required by law to return the completed "Affidavit, License and Certificate of Marriage" within five days succeeding the date of the ceremony. Failure to do so may result in a penalty of not less than $25 nor more than $50 for each and every of-fense.

Penalty for Clergyman or Officer Violating Article: If any clergyman or other person authorized by the laws of New York State to perform marriage ceremonies shall solemnize or presume to solemnize any marriage between any parties without a license being presented to him or them as herein provided or with knowledge that either party is legally incompe-tent to contract matrimony as is provided for in this article he shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not less than fifty dollars nor more than five hundred dollars or by imprisonment for a term not exceeding one year. (Article 3, §17 DRL, NYS). (As a point of interest, There are penalties provided by statute against the officer who issues a marriage license unlawfully or against a person who performs a ceremony when he is without authority to do so. The law of Nevada, for example, states that a person who undertakes to join others in marriage, knowing that he is not lawfully authorized to do so or that there is a legal impediment to the marriage, is subject to a fine and imprisonment. These penalties do not apply to the parties who have been so married. As stated in the Maine statute: a marriage solemnized before a known resident of the state professing to be duly authorized is not invalid because of lack of authority, nor is the marriage invalidated by omission or informality in entering intention of marriage, provided the marriage is in other respects lawful and is consummated with full belief of either party that they are lawfully married.)

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 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;

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.

Officiants: Marriages may be Performed by a clergyman or minister of any religion. However, a 1972 court case said that in order for a marriage to be valid, the minister must have an actual church or at least a stated meeting place for worship or any form of religious observance. Ministers do not have to be licensed except that before performing marriages in New York City, the minister must register his or her name and address in the office of the city clerk of the city of New York. Ministers must complete a marriage certificate and return it to the town or city clerk who issued the marriage license within 5 days after the 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.

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.

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

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

Order Vital Records Online! certified copies of Birth, Death, Marriage, and Divorce certificates, for events which occurred within the state of New York.

Albany Town Clerk Albany, NY 716.335.2330	Allegany Town Clerk Dansville, NY 334.928.2785	Batavia County Clerk Batavia, NY 716.343.1729
Bath Town Clerk Bath, NY 607.776.7013	Bristol Town Clerk Canadaigua, NY 716.229.2400	Bronx City Clerk Bronx, NY 718.802.3585
Broome County Clerk Binghamton, NY 607.772.0357	Buffalo Town Clerk Buffalo, NY 716.851.5444	Canton Town Clerk Canton, NY 315.386.8311
Catskill County Clerk Catskill, NY 518.943.2141	Cattaraugus County Clerk Little Valley, NY 716.257.9288	Cayuga Town Clerks Office Auburn, NY 315.253.9021
Chemung County Clerk Elmira, NY 607.734.2031	Clarkstown Town Clerk New City, NY 914.639.2010	Clinton Town Clerk Plattsburgh, NY 518.563.8100
Columbia County Clerk Hudson, NY 518.828.4656	Cortland County Clerk Cortland, NY 607.756.6521	Deerfield Town Clerk Utica, NY 315.724.0413
Delaware County Clerk Delhi, NY 607.746.2236	Dix Town Clerk Watkins Glen, NY 607.535.9125	Elizabethtown Town Clerk Elizabethtown, NY 518.873.6555
Fort Edward Town Clerk Fort Edward, NY 518.747.5212	Geneseo Town Clerk Geneseo, NY 716.243.0722	Goshen Town Clerk Goshen, NY 914.294.6250
Herkimer Town Clerks Herkimer, NY 315.866.2690	Johnstown County Clerk Johnstown, NY 518.762.7070	Lake George Town Clerk Lake George, NY 518.668.5722
Lake Pleasant Clerk Lake Pleasant, NY 518.548.3625	Lockport Town Clerk Lockport, NY 716.439.9524	Lyons Town Clerk Lyons, NY 315.946.6252
Malone Town Clerk Malone, NY 518.483.4740	Malta Town Clerk Ballston Spa, NY 518.899.2552	Manhattan Town Clerk New York, NY 212.669.8898
Mohawk Town Clerk Fonda, NY 518.853.3031	New Bremen Town Clerk Lowville, NY 315.376.2641	North Castle Town Clerk Armonk, NY 914.273.3321
Norwich Town Clerk Norwich, NY 607.334.1220	Onondaga Town Clerk Syracuse, NY 315.469.1583	Orleans Town Clerk Albion, NY 716.589.5100
Oswego Town Clerk Osewego, NY 315.343.2586	Owego Town Clerk Owego, NY 607.687.2194	Potter Town Clerk Penn Yan, NY 716.554.6758
Poughkeepsie Town Clerk Poughkeepsie, NY 914.485.3620	Putnam Town Clerk Carmel, NY 914.225.2067	Queens Town Clerk Jamaica, NY 718.520.3137
Riverhead Town Clerk Riverhead, NY 516.727.3200	Rochester Town Clerk Accord, NY 914.626.7384	Rye Town Clerk Port Chester, NY 914.939.3570
Schenactady Town Clerk Schenectady, NY 518.384.0036	Schoharie Town Clerk Schoharie, NY 518.295.7677	Staten Island Town Clerk Staten Island, NY 718.816.2290
Thompson Town Clerk Monticello, NY 914.794.2500	Tompkins Town Clerk Ithaca, NY 607.273.1721	Troy Town Clerk Troy, NY 518.279.3461
Ulster Town Clerk Lake Katrine, NY 914.382.2455	Warsaw Town Clerk Warsaw, NY 716.786.2800	Waterloo Town Clerk Waterloo, NY 315.539.3080
Watertown Town Clerk Watertown, NY 315.785.9793	Woodbury Town Clerk Highland Mills, NY 914.928.6323