Taking the Plunge in New York State
. . . the rules and regulations for getting married
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Getting Hitched, Tying the Knot, Taking the Plunge . . . they all
mean that someone is about to get married. There may be stars in their
eyes, bells ringing in the distance, and fireworks in the sky, but
there is also a serious side to the process of getting married. There
are the rules, regulations, and information regarding marriages in
New York State which couples should know, to do it right and do it legally.
The prospective bride and groom must apply in person for a marriage
license . Licenses are available at any town or city clerk in the State,
and are valid only in New York State. Both the prospective bride and
groom must sign the license in the presence of the town or city clerk.
Even if the couple has given someone a Power of Attorney, he or she
may not apply on their behalf. Even notarized, signed marriage license
affidavits cannot be substituted for a personal appearance. This is
one of those things that a couple about to be married will need to
do by and for themselves. If a couple decides to marry outside New
York State, the New York State marriage license will not be filed in
New York State.
Last minute decisions to get married don't work well in New York State,
because there is a 24-hour waiting period required after a marriage
license is issued. With this regulation there is a bit of slack. If
both applicants are 16 years of age or older, the waiting period may
be waived by order of a justice of the Supreme Court or a judge of
the County Court (in the county in which either the bride or groom live).
If either person is under 16, the order must come from the Family Court judge
of the county in which the person under 16 resides.
On the up side, a marriage license is valid for 60 days, beginning the day
after it is issued, but it's best not to wait for the last minute. Even
though the license is good for 60 days, sometimes things happen and the
extra time comes in handy.
As with most things of value, there is a fee for having a marriage
license issued, albeit small. The couple then takes the marriage license to the person
who will officiate at their wedding. After the ceremony, the officiant will
sign the license and see to it that the witness or witnesses sign the
document in the appropriate places. The officiant will, within five days,
return the signed license to the place of issuance. A Marriage Certificate
will then subsequently be mailed to the couple.
No particular ceremony is required by New York State law. The couple
must agree to take each other as husband and wife, in the presence
of an authorized member of the clergy or a public official, and in
the presence of at least one other witness. Although the witness
selected need have no minimum age requirement, choosing a competent
person is important should it be necessary for the witness to
testify in a court proceeding as to what he or she witnessed.
The kinds of authorized officiants fall under Section 11 of the
New York State Domestic Relations Law. It is a lengthy list that,
just to mention several, includes the mayor of a city or village,
the city clerk (or a deputy in cities with more than a million people),
a marriage officer appointed by the town or village board or city common
council, a justice or judge of specific courts, a village, town, or
county justice, or an officially ordained and/or authorized member
of the clergy or minister. Contrary to popular belief, the captain
of a ship is not authorized to perform a marriage ceremony in New
York State. Other officiants are specified in the Law, with further
information readily available locally.
Years ago blood tests were a New State York requirement for couples
applying for a marriage license. Today, no premarital examination or blood
test is required.
There also are age requirements for persons applying for a marriage
license. For couples in which both parties are over 18, no special
regulations apply. Persons under the age of 14 will not be issued a
license. Written parental consent of both parents and of a justice
of the Supreme Court or a judge of the Family Court (with jurisdiction
over the town or city in which the application is made) are necessary
if either applicant is 14 or 15 years of age. For couples where either
is 16 or 17, written parental consent of both parents is needed. Written
consent of just one parent is acceptable in the event that one parent
is deceased, the other parent has been missing for one year prior to
the application date, or in the event of divorce, with the consenting
parent having sole custody of the child when the divorce decree was
issued.
New York State is very serious about consent for minors to marry.
People authorized to execute their consent for a minor's marriage
must appear personally before the town or city official. If the
notarized affidavit is made before an official outside of the
State of New York for consent filed in New York State, it must
be accompanied by a Certificate of Authentication.
Proof of age and identity are also required. There are specific kinds of
documentation that are allowable. For proof of age, acceptable documents are: birth certificate,
baptismal record, naturalization record, or census record. For proof of identity one of the
following is necessary: driver's license, passport, employment picture ID, or immigration record.
New York State also restricts certain family members from marrying
one another. In a booklet issued by the New York State Department
of Health, Getting Married in New York State (publication #4210
dated 8/03), from which much of the information in this article is
taken, those familial restrictions are described in this way:
"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 a niece or an aunt and a nephew, regardless of
whether or not these persons are legitimate or illegitimate offspring."
If either of the applicants was previously married, information about
previous marriages, or, more accurately about divorce will be required.
Whether or not the previous spouse is living, where the application for
divorce was granted, when, and by whom, are just some of the information
individuals may need to furnish. A certified copy of the Decree of
Divorce or a Certificate of Dissolution of Marriage may also be
required by the clerk issuing the marriage license. Couples in
this category should check with their individual clerk's
office for details.
New York State law allows every person the right to use any name
by which he or she wishes to be known. The way to "adopt" a name
is to use it consistently and without intent to defraud. The bride
and groom are free to choose from several options regarding a surname.
An individual's last name does not automatically change upon marriage,
nor is either party required by law to change his or her name.
Conversely, one or both of the couple may change the surname
to be used after marriage by simply entering the new name in
the space provided for it on the marriage license. There are,
however, a few "but's" . . . The new last name must consist of
one of the following options: Use the surname of the other spouse,
OR use any former surname of either spouse, OR use a name combining
all or a part of the pre-marriage surname or any former surname of
each spouse combined into a single surname, OR use a combination
of surnames (separated by a hyphen) that consists of the pre-marriage
surname or former surname of each of the spouses.
Changing your name (or names) using this method will provide an
official record of your change of a name or names. The marriage
license that is issued may be used as proof that the use of the
new name or names is lawful. It is advisable that the local Social
Security Administration office be notified of any changes in a name,
so that the couples' new Social Security cards will reflect the changes.
There is no fee charged for this service.
The rules regarding issuance of marriage licenses in New York State
must, of course, be followed accurately by the prospective bride and
groom, but there are no secrets and information is readily available
should the couple have any questions.
Disclaimer: The information provided on
www.HudsonValleyWeddings.com, in this and any other article(s),
is not intended to be legal advice, but merely conveys general
information related to legal issues which are commonly encountered.
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