So, you’re ready to tie the knot in the vibrant and romantic state of New York! Congratulations! Before you can say “I do” and embark on your happily ever after, you need to navigate the process of obtaining a marriage license. While it might seem daunting at first, this comprehensive guide will walk you through each step, ensuring a smooth and stress-free experience. From gathering the necessary documents to understanding the waiting period, we’ve got you covered.
Who Can Get Married in New York?
Before diving into the application process, let’s ensure you meet the basic eligibility requirements:
- Age: You must be at least 18 years old to get married in New York without parental consent. If you are 16 or 17, you will need consent from both parents or legal guardians and permission from a New York State Supreme Court Justice. Marrying under 16 is generally prohibited, even with parental consent.
- Relationship: You cannot marry a close relative, such as a parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew.
- Marital Status: Both applicants must be unmarried at the time of application. If either party has been previously married, they must provide proof of divorce or death of their former spouse.
- Mental Capacity: Both applicants must be mentally competent to understand the nature of the marriage contract.
- Consent: Both applicants must freely and voluntarily consent to the marriage.
Where to Apply for a Marriage License
In New York State, you and your future spouse must apply for a marriage license in person at any City or Town Clerk’s office. You do not need to be a resident of New York to apply for a marriage license in the state. You can get married anywhere within the state, regardless of where you obtained the license.
Important Note: New York City has a slightly different process than the rest of the state, so we will address it separately below.
Step-by-Step Guide to Applying for a Marriage License (Outside of NYC)
This section outlines the application process for counties and towns outside of New York City. Keep in mind that specific requirements may vary slightly by location, so it’s always a good idea to contact the Clerk’s office in the municipality where you plan to apply to confirm their specific procedures and accepted forms of identification.
Step 1: Gather Required Documents
Before heading to the Clerk’s office, gather all the necessary documents. Having these ready will streamline the application process and prevent unnecessary delays. Here’s a list of what you’ll generally need:
- Proof of Identity: You will each need to provide valid photo identification. Acceptable forms of ID typically include:
- A valid driver’s license
- A valid non-driver identification card
- A valid passport
- A valid U.S. Military identification card
- Proof of Age: While a driver’s license or passport usually suffices for proof of age, you might want to bring a birth certificate as a backup, especially if your photo ID is not readily accepted.
- Social Security Card (if applicable): You will need to provide your Social Security number if you have one. However, you do not need to present the physical card.
- Divorce Decree(s) or Death Certificate(s) (if applicable): If you have been previously married, you must provide certified copies of the divorce decree(s) or death certificate(s) for each previous marriage. These documents must be original or certified copies. Photocopies are generally not accepted. Ensure these documents are in English. If not, you will need to provide a certified translation.
- Fees: There is a fee for the marriage license, which varies by municipality. Call the Clerk’s office ahead of time to inquire about the current fee and accepted methods of payment (cash, check, money order, credit card).
Step 2: Complete the Application Form
You will need to complete a marriage license application form, which is available at the Clerk’s office or may be downloadable from their website. The form typically asks for the following information:
- Full names (including middle names)
- Addresses
- Dates and places of birth
- Social Security numbers (if applicable)
- Parents’ full names (including mother’s maiden name) and birthplaces
- Number of previous marriages (if any) and how they ended (divorce or death)
Fill out the form accurately and completely. Errors or omissions can delay the processing of your application.
Step 3: Submit the Application and Documents
Once you have completed the application form and gathered all the necessary documents, you and your future spouse must appear in person at the Clerk’s office to submit your application. Both of you must be present at the time of application.
The Clerk will review your application and documents to ensure everything is in order. Be prepared to answer any questions they may have.
Step 4: Pay the Fee
Pay the required fee for the marriage license. As mentioned earlier, the fee varies by municipality, so inquire about the exact amount and accepted payment methods beforehand.
Step 5: Receive Your Marriage License
After your application is processed and the fee is paid, you will receive your marriage license. Important: The license is not effective immediately. There is a 24-hour waiting period from the time the license is issued before you can legally get married.
Applying for a Marriage License in New York City
New York City has a slightly different process for obtaining a marriage license. Here’s a breakdown of the steps:
Step 1: Start the Application Online
The first step is to complete the marriage license application online through the City Clerk Online Marriage License Application portal. You can find the link on the New York City Clerk’s website.
The online application will ask for similar information as the paper application used outside of NYC, including:
- Full names (including middle names)
- Addresses
- Dates and places of birth
- Social Security numbers (if applicable)
- Parents’ full names (including mother’s maiden name) and birthplaces
- Number of previous marriages (if any) and how they ended (divorce or death)
Once you’ve completed the online application, you will receive a confirmation number. Save this number! You will need it to complete the next steps.
Step 2: Schedule an Appointment
After completing the online application, you must schedule an appointment at the City Clerk’s office to finalize the process. You can schedule an appointment online through the same portal where you completed the application. Appointment slots can fill up quickly, so it’s advisable to book your appointment as soon as possible.
There are five City Clerk offices in the five boroughs of NYC:
- Manhattan: 141 Worth Street, New York, NY 10013
- Bronx: 851 Grand Concourse, Room 125, Bronx, NY 10451
- Brooklyn: 200 Joralemon Street, Room 205, Brooklyn, NY 11201
- Queens: 144-44 90th Avenue, Jamaica, NY 11435
- Staten Island: 10 Richmond Terrace, Room 311, Staten Island, NY 10301
Step 3: Gather Required Documents
Similar to applying outside of NYC, you will need to bring certain documents to your appointment. These include:
- Confirmation Number: This is the number you received after completing the online application.
- Proof of Identity: Acceptable forms of ID include a valid driver’s license, a valid non-driver identification card, a valid passport, or a valid U.S. Military identification card.
- Proof of Age: Again, a driver’s license or passport usually suffices, but a birth certificate can be a helpful backup.
- Social Security Card (if applicable): You will need to provide your Social Security number if you have one, though you do not need to present the physical card.
- Divorce Decree(s) or Death Certificate(s) (if applicable): If you have been previously married, bring certified copies of the divorce decree(s) or death certificate(s) for each previous marriage. Ensure these are original or certified copies and are in English, or have a certified translation.
- Fees: The fee for a marriage license in New York City is $35. You can pay by credit card, debit card, or money order payable to the City Clerk. Cash and personal checks are not accepted.
Step 4: Attend Your Appointment
Arrive at the City Clerk’s office at your scheduled appointment time. Both you and your future spouse must be present.
The Clerk will review your online application, verify your documents, and ask you to affirm the information provided. Be prepared to answer any questions.
Step 5: Pay the Fee and Receive Your Marriage License
Pay the $35 fee and you will receive your marriage license. Remember the 24-hour waiting period applies in NYC as well.
Important Considerations for All Applicants
Regardless of whether you apply in New York City or elsewhere in the state, keep the following points in mind:
- Validity Period: Your New York marriage license is valid for 60 days, beginning the day after it is issued. If you do not get married within this timeframe, you will need to apply for a new license. There is a provision to extend the license for an additional 30 days, for good cause, with court approval.
- The 24-Hour Waiting Period: As mentioned earlier, there is a mandatory 24-hour waiting period between the issuance of the marriage license and the marriage ceremony. This means you cannot get married on the same day you obtain the license.
- Who Can Perform the Ceremony: In New York State, a marriage ceremony can be performed by:
- A clergy member or minister of any religion
- A judge of any court of record
- A mayor, recorder, city magistrate, police justice, or village justice of any city, town, or village
- Certain other officials authorized by law
- Witnesses: You must have at least one witness (18 years or older) present at your marriage ceremony.
- Marriage Certificate: After the ceremony, the person who performed the marriage must complete and sign the marriage license and return it to the Clerk’s office where it was issued. The Clerk will then record the marriage and issue you a marriage certificate, which is your official proof of marriage. You will likely need to request a certified copy of your marriage certificate for legal purposes (e.g., changing your name, updating your passport, etc.).
- Name Change: If you plan to change your name after marriage, you can do so by simply using your marriage certificate as documentation when updating your driver’s license, Social Security card, and other important documents. You do not need a separate court order for a name change resulting from marriage.
- Blood Tests: New York State no longer requires blood tests for marriage license applicants.
Common Mistakes to Avoid
To ensure a smooth application process, avoid these common mistakes:
- Submitting incomplete or inaccurate information on the application form. Double-check all details before submitting your application.
- Failing to bring all required documents. Prepare a checklist and ensure you have everything before heading to the Clerk’s office.
- Not allowing enough time for the 24-hour waiting period. Plan your wedding date accordingly.
- Waiting until the last minute to apply. Apply for your marriage license well in advance of your wedding date to avoid any potential delays.
- Not understanding the requirements for previous marriages. If you have been previously married, ensure you have all the necessary divorce decrees or death certificates.
Conclusion
Getting married in New York is an exciting time! By following these steps and being prepared, you can navigate the marriage license application process with ease. Remember to double-check the specific requirements of the Clerk’s office in the location where you plan to apply, and allow yourself plenty of time to complete the process. Congratulations, and best wishes for a lifetime of happiness!
Resources
Here are some helpful resources for obtaining a marriage license in New York:
- New York State Department of Health: https://www.health.ny.gov/vital_records/marriage.htm
- New York City Clerk: https://www.cityclerk.nyc.gov/content/marriage-license
This information is for general guidance only and should not be considered legal advice. Consult with an attorney for specific legal advice regarding your situation.