Learn How to Apply for and Obtain a Legal New York Marriage License

New York marriage license rules are both thorough and citizen-friendly. You must however be aware of them before you are planning to make your application.

Here are the current rules for your convenience:

To begin with, you must provide proof of identity and age. New York accepts a variety of documents including a valid driver's license, passport or insurance policy, certified copy of a birth certificate, school or baptismal record, naturalization or immigration record, court record or employment certificate.

There is no residency requirement, but non-residents cannot get a New York marriage license if the marriage is void in their home state.

If you are planning to get married, you must apply in person for a license with any Town or City Clerk. Both the bride and groom must sign the application in the presence of the clerk. Remember, the license cannot be obtained by proxy, even with a Power of Attorney, nor by notarized marriage license affidavits.

If previously married, you must include relevant information with the application such as whether the former spouses are living. If one of you is divorced, the clerk may require a certified copy of the divorce decree or certificate of dissolution.

New York marriage license fees vary by location. If issued outside of New York City, it costs $40.00 - $50.00. If in New York City, it costs $35.

In both instances, the fee is also for a Certificate of Marriage Registration that is automatically sent by the issuing clerk to the applicants within 15 days after the person who has performed the marriage ceremony returns the completed license. If you do not receive the certificate within four weeks of the wedding, you must contact the Town or City Clerk who issued the license.

Some Other Issues You Need to Remember

•    No medical or blood test is required to get a New York marriage license.
•    New York enforces a 24-hour wait from the exact time the license is issued.
•    A New York marriage license is valid for 60 days, usable within New York State only

Age Requirements

If either applicant is under 14 years of age, no marriage license can be issued. An applicant of 14 or 15 must present the written consent of both parents and a justice of the State Supreme Court or a judge from the Family Court in the jurisdiction where the application is submitted.

An applicant of 16 or 17 must present the written consent of both parents. If both applicants are 18 years of age or older, no consent is required.

If both applicants are 16 or older, the 24-hour waiting period may be waived by an order of a justice of the State Supreme Court or a judge of the County Court in the county in which you or your would-be spouse resides. If either one of you is younger than 16, the order must be from the Family Court judge of the county in which that applicant resides.

One parent’s consent is enough for a minor's marriage if the other parent has been missing for one year preceding the application, if they are divorced and the consenting parent has sole legal custody, or if the other parent has been judged incompetent or is deceased.

Parents, legal guardians or others consenting to a minor’s marriage must personally appear and register such consent before the Town or City Clerk or other authorized official. A notarized affidavit made before an official outside of New York State must be accompanied by a Certificate of Authentication when the consent is filed in New York State.

Anyone can adopt any name of choice by using that name consistently, without intent to defraud. A person's surname needn’t change upon marriage, and bride and groom needn’t take the same surname.

If the person getting married does however want to change their name, then the local Social Security Administration office should be notified so that the name change gets reflected in the documentation.

Whether you use this option or not when submitting your New York marriage license application, you can still change your name later. Do remember that the name on your marriage license cannot be changed if you are making the change later.

If you choose to have a religious ceremony performed after a civil ceremony, you may need to apply for a second New York marriage license, which the issuing town or city will again provide.

Who Can Perform the Wedding Ceremony?

A number of public officials are authorized under state law to perform wedding ceremonies. This includes the Mayors and City Clerks, several levels of judiciary, and also the sanctioned members of several religious groups. They must however complete the marriage certificate and return it to the issuing Town or City Clerk within five days of the ceremony.