In order to get married in New York, one of the requirements is that the couple obtains a marriage license. The couple must apply in person and both individuals must be present. The application must be signed by both individuals in the presence of the town or city clerk. There is a fee that must be paid. There is a 24-hour waiting period between the time that the marriage license is obtained and when the couple can get married. The marriage license is valid for only 60 days. If the ceremony does not take place within 60 days and the couple still wishes to get married, the couple must get another marriage license. While obtaining a marriage license is typically an uncomplicated task, complications can develop during a marriage that may require help from an experienced New York family lawyer who has the knowledge and skill to protect your interests in a family dispute.Marriage license and restrictions on marriage
According to Dom. Rel. Law § 13, if you want to get married in New York, you must a marriage license. The statute also makes it very clear that both different sex and same sex couples are eligible to receive marriage licenses.
New York has restrictions on who can get married. First, there is an age restriction. You must be at least 18 years old to get married without parent consent. Second, you cannot marry someone who is closely related to you by blood. This means you cannot marry your child, grandchild, or great grandchild. You also cannot marry your bother or sister, half brother or half sister, aunt, uncle, niece, or nephew. This, you must get married by someone who has the authority to do. The Domestic Relations Law has a detailed list as to who is legally empowered to solemnize marriages. If the person who solemnizes your marriage is not authorized, then your married would be invalid.Related Statutory Provisions
- Time within which marriage may be solemnized: New York Domestic Relations Law, section 13-b
- Duty of clerk issuing marriage license: New York Domestic Relations Law, section 13-d
- Town and city clerks to issue marriage licenses; form: New York Domestic Relations Law, section 14
- Town and city clerks to issue certificates of marriage registration; form: New York Domestic Relations Law, section 14-a
It shall be necessary for all persons intended to be married in New York state to obtain a marriage license from a town or city clerk in New York state and to deliver said license, within sixty days, to the clergyman or magistrate who is to officiate before the marriage ceremony may be performed. In case of a marriage contracted pursuant to subdivision four of section eleven of this chapter, such license shall be delivered to the judge of the court of record before whom the acknowledgment is to be taken. If either party to the marriage resides upon an island located not less than twenty-five miles from the office or residence of the town clerk of the town of which such island is a part, and if such office or residence is not on such island such license may be obtained from any justice of the peace residing on such island, and such justice, in respect to powers and duties relating to marriage licenses, shall be subject to the provisions of this article governing town clerks and shall file all statements or affidavits received by him while acting under the provisions of this section with the town clerk of such town. No application for a marriage license shall be denied on the ground that the parties are of the same, or a different, sex.Contact the Law Offices of Stephen Bilkis & Associates
The New York family lawyers at the Law Offices of Stephen Bilkis & Associates have the experience, skill, and resources to help with legal issues such as divorce, spousal divorce, child custody, child support, and other family matters. Should a complex family related legal issue develop, give us a call. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Suffolk County, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, and Westchester County.