New York Marriage License – All You Need To Know

by ECL Writer
Marriage In New York For Foreigners

New York City, the cultural and financial hub of the United States, is home to millions of people from around the world. With its diverse population and bustling lifestyle, it’s no surprise that many couples choose to get married in a city that never sleeps. However, before tying the knot, couples must obtain a New York marriage license. The process of obtaining a marriage license in New York can seem daunting, but with the right information and guidance, it can be a straightforward and stress-free experience. In this article, Eastcoastlaws.com will provide an overview of the steps involved in obtaining a New York marriage license, as well as some tips to make the process easier. Whether you’re a local or planning a destination wedding, this guide will help you navigate the ins and outs of obtaining a New York marriage license.

Requirements For Obtaining A Marriage License In New York

In New York, obtaining a marriage license requires fulfilling specific requirements that vary slightly from county to county. Here are the general requirements for obtaining a marriage license in New York:

  • Age: Both parties must be at least 18 years old. If one or both parties are 16 or 17, they must have parental consent, and if they are under 16, they need both parental consent and a court order.
  • Identification: Both parties must provide identification, such as a driver’s license, passport, or birth certificate.
  • Residency: There is no residency requirement in New York, but the couple must apply for a license in the county where they plan to get married.
  • Waiting period: There is a 24-hour waiting period after applying for the license, and the license is valid for 60 days.
  • Fee: The fee for a marriage license varies by county but is typically between $35 and $40.
  • Previous marriages: If either party has been married before, they must provide documentation showing that their previous marriage ended in divorce or death.

It’s essential to note that the requirements for obtaining a marriage license in New York may change, so it’s best to check with your local county clerk’s office for the most up-to-date information.

Procedures For Applying For A Marriage License In New York

To schedule an in-person Marriage License appointment or begin the virtual Marriage License process go to nyc.gov/Cupid. Listed below are the general steps and rules of the application process.

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

  • Before your appointment, please begin the application process to receive a Marriage License online via “City Clerk Online
  • You and your prospective spouse must complete the application process by appearing at the Office of the City Clerk for a scheduled appointment in person or virtually, together and at the same time.
  • Proxy marriage is not permitted in New York, so no other party may apply on behalf of either spouse.
  • Your Marriage License will be processed.
  • 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 our office or receive it by digital download in your Cupid account after a virtual appointment.
  • You must wait a full 24 hours before your Marriage Ceremony can be performed unless you obtain a Judicial Waiver. Note: Please contact NYS Supreme Court for information regarding the availability of judicial waiver.

How Long Does It Take To Get A Marriage License In New York?

Within 15 calendar days of the officiant returning the completed license, the issuing clerk will automatically send this certificate to the applicant (the person who performs the marriage ceremony). The fact that a record of the marriage is kept on file is indicated. Within four weeks of the wedding, couples who have not received a Certificate of Marriage Registration should get in touch with the town or city clerk who granted the license.

Fees And Costs Associated With Obtaining A New York Marriage License

There are several fees and costs associated with obtaining a marriage license in New York. The fees may vary depending on the county where the couple applies for the license. Here are the typical fees and costs associated with obtaining a marriage license in New York:

  • Application fee: There is an application fee for a marriage license in New York, which varies by county. The fee is typically between $35 and $40.
  • Certified copy fee: If the couple requires a certified copy of their marriage license, there is an additional fee, typically around $10-$15.
  • Late fee: If the couple does not get married within the 60-day validity period of the marriage license, they may need to pay a late fee to obtain a new license.
  • Translation fee: If any of the required documents are in a language other than English, the couple may need to pay a translation fee to have them translated into English.
  • Transportation and parking costs: If the couple needs to travel to the county clerk’s office to apply for the marriage license, they may need to pay for transportation and parking costs.

It’s important to note that the fees and costs associated with obtaining a marriage license in New York may change, so it’s best to check with the local county clerk’s office for the most up-to-date information.

Legal Age And Parental Consent Requirements For Obtaining A New York Marriage License

In New York, the legal age to obtain a marriage license is 18 years old. If either party is under the age of 18, they must obtain parental consent to get married. Here are the specific requirements for obtaining a New York marriage license based on age:

  • Age 18 or older: If both parties are 18 years old or older, they do not need parental consent to obtain a marriage license.
  • Age 16 or 17: If one or both parties are 16 or 17 years old, they may obtain a marriage license only if they have written consent from both parents or legal guardians. If one parent is deceased, the surviving parent must provide proof of death. If one parent has sole custody, they must provide a court order.
  • Under age 16: If either party is under the age of 16, they may only obtain a marriage license if they have written consent from both parents or legal guardians and a court order.

Same-Sex Marriage And New York Marriage License Regulations

Same-sex marriage has been a controversial topic in many parts of the world, including the United States. However, in 2011, the state of New York legalized same-sex marriage, becoming the sixth state to do so in the country. This decision was a major milestone for the LGBTQ+ community, as it provided them with the same legal rights and protections as opposite-sex couples.

The legalization of same-sex marriage in New York was not without its challenges. The state’s marriage license regulations had to be updated to reflect the new law. The application process for a marriage license is the same for both same-sex and opposite-sex couples. Applicants must provide proof of identity, age, and residency. They must also sign a statement declaring that they are not related by blood and that they are legally eligible to marry.

One of the biggest changes to the marriage license regulations in New York was the removal of the requirement for a waiting period before getting married. Previously, couples had to wait 24 hours before their marriage could be solemnized. This waiting period was waived for same-sex couples to ensure that they had equal access to the same legal protections as opposite-sex couples.

Another significant change was the use of gender-neutral language throughout the marriage license application process. This meant that references to “bride” and “groom” were replaced with “partner 1” and “partner 2”. This change was made to ensure that same-sex couples did not feel excluded or marginalized by the application process.

The legalization of same-sex marriage in New York and the changes made to the marriage license regulations were important steps forward for LGBTQ+ rights. These changes ensured that same-sex couples were granted equal legal protections and recognition as opposite-sex couples. The move also served as an inspiration and catalyst for other states in the country to follow suit in legalizing same-sex marriage.

Common Mistakes To Avoid When Applying For A New York Marriage License

Applying for a marriage license in New York can be a straightforward process, but it’s important to avoid common mistakes that could cause unnecessary delays or complications. Here are some common mistakes to avoid when applying for a New York marriage license:

  • Not checking the eligibility requirements: Before applying for a marriage license in New York, it’s essential to check the eligibility requirements. Applicants must be 18 years or older, not be closely related, and not be currently married or in a domestic partnership. If you don’t meet the eligibility requirements, your application will be denied.
  • Not bringing proper identification: Applicants must bring valid identification to the marriage license office. Acceptable forms of ID include a driver’s license, passport, birth certificate, or military ID. Failure to bring proper identification could result in your application being rejected.
  • Not bringing the required documentation: Applicants must provide proof of age and identity, such as a birth certificate or passport. If you have been previously married, you must also provide documentation that the marriage has ended, such as a divorce decree or death certificate.
  • Not completing the application accurately: The marriage license application must be completed accurately and fully. Ensure that all information is spelled correctly and matches your identification documents. Any errors or omissions could cause delays in processing your application.
  • Not paying the required fee: There is a fee for obtaining a marriage license in New York. The fee varies depending on the county, so be sure to check the amount before applying. Failure to pay the required fee could result in your application being denied.
  • Not allowing enough time for processing: It’s important to allow enough time for processing your application, especially if you are getting married during peak wedding season. Some counties may require up to a week to process the application, so be sure to plan accordingly.

By avoiding these common mistakes, you can ensure a smooth and stress-free process when applying for a marriage license in New York.

Out-Of-State Residents And Obtaining A New York Marriage License

Out-of-state residents who wish to get married in New York need to obtain a marriage license to legally tie the knot. New York State has specific requirements for obtaining a marriage license, and out-of-state residents must adhere to these requirements.

To obtain a New York marriage license, both parties must appear in person at a city or town clerk’s office in any of the 62 counties in the state. They must provide identification, such as a valid driver’s license, passport, or birth certificate, to prove their age and identity. The parties must also provide proof of their current address, such as a utility bill or a lease agreement.

In addition to providing identification and proof of address, the couple must also complete an application form and pay a fee. The fee varies from county to county but is typically around $40. The couple must also wait at least 24 hours after obtaining the license before they can get married.

It’s worth noting that some counties in New York require a blood test to be taken before a marriage license is issued. However, most counties have eliminated this requirement.

If one or both parties have been previously married, they will also need to provide documentation of the dissolution of their previous marriage(s), such as a divorce decree or death certificate.

Out-of-state residents who are not able to appear in person at a city or town clerk’s office in New York can obtain a marriage license by applying through the mail. However, this process can take longer, and the couple must still provide all the necessary documentation.

Resources When Obtaining Marriage licenses In New York

Here are some useful resources when obtaining marriage licenses in New York:

I hope these resources are helpful for anyone looking to obtain a marriage license in New York!

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