Franklin Dean
New York is a popular destination for weddings, with its stunning natural landscapes and the nation's largest city, offering something for everyone. The state has specific requirements for weddings to be legally recognised, including a marriage license issued by a town or city clerk, which must be signed by both parties and witnessed. There are also restrictions on who can marry, with marriages between certain relatives prohibited, and both parties must be over the age of 17 and consenting. New York also allows for virtual weddings, with the option to obtain marriage licenses online and have the ceremony performed virtually.
| Characteristics | Values |
|---|---|
| Marriage Requirements | A marriage license, a marriage ceremony conducted by an authorized officiant, and at least one witness |
| Marriage License Requirements | Both applicants must sign in the presence of the town or city clerk; a representative cannot apply on behalf of the applicant; both applicants must be over the age of 18 (or 16-17 with parental consent, or 14-15 with court permission); applicants cannot be closely related or still married to another living person |
| Marriage License Fee | $40 in Upstate New York (rates may vary in NYC) |
| Marriage License Validity | 60 days from the date of issue |
| Waiting Period | 24 hours after the license is issued |
| Officiant Requirements | Does not have to be a New York State resident; cannot be a ship captain |
| Marriage Ceremony Location | Anywhere within New York State, including indoor and outdoor venues |
| Verbiage Used in Ceremony | No specific requirements, as long as both parties state they take each other as spouses |
| Wedding Receptions | Allowed to resume statewide with strict health and safety protocols, including capacity restrictions, negative test/immunization requirements, and mask mandates |
| Wedding Photos | Allowed inside Brooklyn, Manhattan, Queens, and Staten Island courthouses; not allowed inside the Bronx courthouse |
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What You'll Learn
- Wedding ceremonies can take place anywhere in New York State
- Same-sex marriage is permitted in New York
- Marriage licenses are valid for 60 days from the date of issue
- A 24-hour waiting period is required after receiving a marriage license
- Wedding receptions and events can resume statewide with strict health protocols
Wedding ceremonies can take place anywhere in New York State
To be legally wed in New York, you must obtain a marriage license and have the marriage ceremony conducted by an authorized officiant. The marriage license must be applied for in person by both applicants, signed in the presence of a town or city clerk, and delivered to the officiant within 60 days. There is a $40 fee for a marriage license in Upstate New York, while rates for licenses issued in New York City may vary. A 24-hour waiting period is also imposed on marriage licenses, meaning the ceremony cannot occur until at least 24 hours after the license is issued.
In New York, you must be over the age of 18 to marry, although 16 and 17-year-olds can marry with parental consent, and 14 and 15-year-olds with court permission. Marriages between close blood relatives, such as siblings, parents, aunts, uncles, nieces, or nephews, are prohibited. Same-sex marriage is permitted, and neither party is required to change their surname upon marriage.
During the COVID-19 pandemic, weddings and catered events were allowed to resume across the state with strict health and safety protocols in place. These included capacity restrictions, mandatory masking, and proof of a recent negative test result or immunization for all attendees.
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Same-sex marriage is permitted in New York
The passage of the Marriage Equality Act was a significant moment in the fight for LGBTQ+ rights in New York and the United States. Prior to the Act, same-sex couples in New York had faced legal challenges and discrimination when seeking to have their marriages recognized. On May 29, 2008, Governor David Paterson directed all New York state agencies to begin recognizing same-sex marriages performed in other jurisdictions, making New York the first state to do so without allowing same-sex marriages within its borders.
Despite the Act's passage, there was still some opposition and legal challenges. On July 25, 2011, New Yorkers for Constitutional Freedoms, along with Liberty Counsel, filed a lawsuit in the New York Supreme Court, alleging corruption and violations of the law in the process of passing the bill. This lawsuit was not successful, and the Marriage Equality Act remained in place.
In addition to legalizing same-sex marriage, the Act also included protections for religious institutions and their employees, stating that they could not be penalized for refusing to sanctify or recognize marriages that contradicted their religious doctrines.
Same-sex marriage is now legal across the United States, following a ruling by the Supreme Court on June 26, 2015. However, it is important to note that same-sex marriages performed in New York may not be considered valid in other countries or states, depending on their laws.
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Marriage licenses are valid for 60 days from the date of issue
Marriages are allowed in New York, but there are several requirements that must be met. Firstly, both parties must be over the age of 18, or have parental consent if they are 16 or 17 years old. Marriage is not permitted for anyone under the age of 16. Both parties must also be mentally competent to enter into a marriage contract. In addition, neither party can still be married to another living person, and the couple cannot be closely related, including siblings, ancestors and descendants, aunts and nephews, and uncles and nieces. Same-sex marriage is permitted in New York.
To get married in New York, couples must obtain a marriage license and have a marriage ceremony conducted by an authorised person. The marriage license must be obtained from a town or city clerk in New York and is valid for 60 calendar days from the date of issue. This means that the marriage ceremony must take place within this 60-day period. The fee for a marriage license issued outside of New York City is $40, and this includes the issuance of a Certificate of Marriage Registration. The couple should receive this certificate within four weeks of the wedding. If they do not, they should contact the town or city clerk who issued the license.
To apply for a marriage license, both parties must appear together at the town or city clerk's office and sign the application in the presence of the clerk. A representative cannot apply on behalf of either party, even with Power of Attorney. The couple must provide documentary proof of age, such as a birth certificate or passport, and proof of identity, such as a valid, unexpired Employment Picture ID. All foreign documents must be presented with a certified translation.
In addition, the couple must provide information regarding any previous marriages, including whether former spouses are living and whether the applicants are divorced. If applicable, a certified copy of the Decree of Divorce or a Certificate of Dissolution of Marriage may be required. It's important to note that marriage licenses obtained in New York are only valid for marriages taking place within the state. If a couple intends to get married outside of New York, they must follow the legal requirements of that state or country.
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A 24-hour waiting period is required after receiving a marriage license
Weddings are allowed in New York, but there are several requirements that must be met for a marriage to be considered valid. One key requirement is that there is a 24-hour waiting period after receiving a marriage license before the wedding ceremony can take place. This rule applies to all marriages in New York State and serves as an important step in the marriage process.
The 24-hour waiting period begins immediately after the marriage license is issued. During this time, couples must refrain from holding their wedding ceremony. The purpose of this waiting period is to ensure that all necessary paperwork is in order and to provide a brief cooling-off period before the marriage is officially solemnized. It allows couples to ensure they have met all the requirements for a valid marriage and provides an opportunity to resolve any last-minute issues or changes of heart.
To obtain a marriage license in New York, couples must apply in person to any town or city clerk in the state. Both members of the couple must sign the application in the presence of the clerk. It is important to note that a representative cannot apply on behalf of either party, even with a Power of Attorney. The applicants must present documentary proof of age, showing that they are both over the age of 18, which is the minimum age for marriage in New York without parental consent. Marriages involving individuals under the age of 18 are prohibited without the appropriate consent.
Along with the application, couples must provide information about any previous marriages, including whether former spouses are living and whether the applicants are divorced. In some cases, a certified copy of the Decree of Divorce or a Certificate of Dissolution of Marriage may be required. Additionally, the marriage license fee must be paid, which is typically $40, and this includes the issuance of a Certificate of Marriage Registration. This certificate is automatically sent to the applicants within 15 calendar days after the completed license is returned by the officiant.
It is important to note that the 24-hour waiting period after receiving the marriage license may be waived under certain circumstances. A judge or justice of the Supreme Court of New York State or the county judge of the couple's county of residence has the authority to grant a waiver for the waiting period. This allows for flexibility in exceptional cases or when there are extenuating circumstances.
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Wedding receptions and events can resume statewide with strict health protocols
Wedding receptions and other catered events can now resume across New York State, with strict health and safety protocols in place to protect the health and safety of New Yorkers. This comes as part of Governor Kathy Hochul's measures to safely reopen different sectors of the economy amid a steady decline in New York's COVID-19 positivity and hospitalization rates.
Venues hosting weddings must follow the State's strict health and safety protocols, which include the following requirements:
- Venues are restricted to 50% capacity, with no more than 150 attendees per event.
- All attendees must provide proof of a recent negative test result or proof of immunization before the event.
- Sign-in with contact information is required to assist with potential contact tracing.
- Venues must notify local health departments of large events, above the social gathering limit, in advance.
- Masks are required at all times except when seated and eating or drinking.
- Ceremonial and socially-distanced dancing is allowed in designated areas.
Detailed guidance for in-person and catered events is available on the official State of New York website. It is important to note that the State of New York does not endorse any opinions expressed on external websites and directs users to contact the owners of these sites directly for any queries regarding their content.
This reopening of wedding receptions is a positive step towards normalcy, allowing New Yorkers to celebrate their special day with their loved ones while still prioritizing safety and adhering to the necessary health protocols.
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Frequently asked questions
Yes, weddings are allowed in New York.
Both parties must be over the age of 17 (or 18, according to another source) and cannot be closely related. The couple must apply in person for a marriage license from a town or city clerk and must wait at least 24 hours but no longer than 60 days to be wed after receiving the license.
Religious and civil actors can officiate weddings in New York, including government officials, judges, justices, clerks, town-appointed marriage officers, and ministers authorized by spiritual groups or ordained by churches. The officiant must be at least 18 years old but is not restricted by gender, faith, or place of residence.
Yes, marriages are prohibited between ancestors and descendants, siblings (full or half-blood), uncles and nieces or nephews, and aunts and nieces or nephews. Additionally, both parties must be consenting and mentally able to be married.
Yes, Governor Cuomo signed an Executive Order allowing city and county clerks to issue marriage licenses online and for wedding ceremonies to take place virtually.
