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Marriage Laws United States New York NY Marriage License

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 NY Marriage License requirements, clerk locations and office hours.

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All persons who intend to get married in New York State must obtain a Marriage License. U.S. Marriage Laws explains the procedure for obtaining a Marriage License in New York State.

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Fees in New York:

The cost for getting married in New York is approximately $40.00 - $50.00 in most areas of the state.

New York City charges $35 and will only accept money orders made payable to "The City Clerk."

Some other locales will not accept cash or personal checks and require a money order.

Duration of the Marriage License:

A New York State Marriage License is valid for 60 days (except for active military personnel, for whom the validity runs for 180 days). A Marriage License issued in New York can be used anywhere within New York State but may not be used outside New York State.

Application Procedure:

Listed below are the general steps and rules of the application process.

• You and your prospective spouse must appear together in person to apply for a Marriage License.
• Proxy marriage is not permitted in New York, so no other party may apply on behalf of the bride or groom.
• You will receive the application from the information desk and you must complete the application in our office.
• Your Marriage License will be processed while you wait.
• You should carefully read your Marriage License to make sure there are no mistakes.
• You will take the Marriage License with you when you leave the clerks' office.
• You must wait a full 24 hours before your Marriage Ceremony can be performed unless you obtain a Judicial Waiver.

Required Information:

Listed below is the information you will need to fill out the Marriage License Application:

• The application is an affidavit where you and your prospective spouse must list your name; current address; city, state, ZIP code and country; country of birth; date of birth; name and country of birth of your father and mother; Social Security number; and marital history.
• When you sign the affidavit, you are making a sworn statement that there are no legal impediments to the marriage.
• If you were married before, you must list all prior marriages. You must include your previous spouse's full name; the date the divorce decree was granted; and the city, state, and country where the divorce was issued.
• All divorces, annulments, and dissolutions must be finalized before you apply for a new Marriage License.
• You may be asked to produce the final divorce decree.
• If you are a widow or widower, you must provide your deceased spouse's full name and date of death.

Proper Identification:

You and your prospective spouse must have proper identification in order to apply for a Marriage License.

Eight forms of identification are accepted. Expired identification is not accepted.

• Driver License with photograph (from the United States of America or any of its territories)
• Non-Driver Identification Card with photograph (from the United States of America or any of its territories)
• Learner Permit with photograph (from the United States of America or any of its territories)
• Active United States Military Identification Card
• Passport
• United States Certificate of Naturalization (good for 10 years after date of issue)
• United States Alien Registration Card
• United States Employment Authorization Card

If you do not possess any of the above forms of identification, you may contact the Legal Bureau of the Office of the City Clerk in person or by writing to:

Office of the City Clerk
Legal Bureau
141 Worth Street
New York, NY 10013

Blood Test Not Required:

A blood test is not required to obtain a Marriage License in the State of New York.

Residency Requirement:

You do not have to be a resident of New York.

Previous Marriages:

If previously married, you must show certified documents on how your previous marriage ended.

If a couple is already legally married to one another, and they want to have a second wedding ceremony, and if an officiant requires a marriage license, the couple may apply for a second or subsequent license from the Town or City where they were married.

Proxy Marriages:

No.

Cousin Marriages:

Yes.

Common Law Marriages:

No.

Same Sex Marriages:

No. However New York does recognize same-sex marriages performed in other locales.

Name Change Options:

Please carefully consider whether to change your surname.
Learn more about Name Change Options
Learn more about Domestic Relations Law

• Various surname options are listed on the back of the application.
• You must state your choice of surname on the application. If you elect to make a surname change on your application, the surname change takes legal effect at the conclusion of the Marriage Ceremony.
• The name change option does not apply to your first name or middle name.
• If you wish to change your surname through this office after your Marriage Ceremony, you must remarry.
• Although you may correct mistakes in your Certificate of Marriage Registration, a surname choice is not considered a mistake and cannot be changed through our Amendment process.

Duplicate Marriage License:

• If the Marriage License is lost, stolen, or mutilated, you must obtain a Duplicate Marriage License in order to get married.
• The fee for a Duplicate Marriage License is $25 by credit card or money order payable to the City Clerk.
• Either prospective spouse may apply for a Duplicate Marriage License by returning to the office that issued the original Marriage License and completing a Duplicate Marriage License affidavit.

Under the Age of Eighteen:

If either you or your prospective spouse is under the age of 18 years, you are required to have written parental consent to obtain a Marriage License.

• Please be prepared to show proof of your date of birth. You may show one of the following forms of identification to prove your age:
  • original or certified copy of birth certificate,
  • baptismal record,
  • passport,
  • driver license,
  • naturalization record, or
  • court records.
• Both of your parents must be present to consent and have proper identification at the time of application for the Marriage License and at the Marriage Ceremony if the ceremony is performed in our offices.
• If one parent is deceased, the surviving parent must appear and a death certificate for the deceased parent must be produced.
• If both parents are deceased, the legal guardian must appear instead.
• If either prospective bride or groom is under the age of sixteen years, in addition to parental consent, the written approval of a Judge of the Supreme Court or Family Court is needed.
• A person under the age of fourteen years cannot be married.

Judicial Waiver

• A 24 hour waiting period after you and your prospective spouse obtain your license is required by New York State Law.
• In the event that you and your prospective spouse must marry before the 24 hour waiting period is over, you can request permission from a Judge to waive this requirement.
• You can request a Judicial Waiver from the County Clerk in the county (borough) where you obtained your Marriage License. Learn more about County Clerks.
• There is no fmarriage_ee to obtain a Judicial Waiver.
• Give the Judicial Waiver to your Marriage Officiant to enable them to perform the ceremony within the 24 hour waiting period.
• The Marriage Officiant must attach the Judicial Waiver when returning the Marriage License to our office.

Officiants in New York:

According to Section 11 of the Domestic Relations Law, an officiant must be an authorized, officially ordained member of the clergy or a public official in the State of New York such as a mayor, city clerk, deputy city clerk, appointed marriage officer, justice, or judge. In New York City, an officiant must be registered with the City of New York. Ship captains can not perform marriage ceremonies in New York State.

Witnesses:

A marriage ceremony must have at least one witness. Although the state website states that there is no minimum age required in order to be a witness, the New York requires witnesses to be at least 18 years of age.

Online Marriage License Application:

You can submit an application online to the Office of the City Clerk via City Clerk Online. After submitting your application online, you must appear at the Office of the City Clerk to complete your application. 

Copy of Certificate of Marriage:

Vital Records Section
New York State Department of Health
Empire State Plaza
Albany, New York 12237-0023

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.

To notify us of corrections or additions send an email to update@usmarriagelaws.com.  Please include the state and county information.

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