Lawyers Officiating Weddings: Legal Or Not?

In the US, the requirements for who can officiate a wedding vary from state to state. In New York, for example, marriages are commonly solemnized by a member of the clergy or a justice of the peace, but there are many other people with the authority to officiate, including certain government officials and state and federal judges. In New York City, the officiant must be registered, but in the rest of the state, there is no such requirement. In some states, such as South Carolina, a notary public can perform the ceremony, but this is not allowed in New York City. In most states, anyone can become an ordained minister through an online service, and most states will recognize someone ordained online as a valid officiant.

Can a lawyer officiate a wedding in New York?

In New York, a lawyer can officiate a wedding provided they obtain a one-day officiant license. This license allows anyone over the age of 18 to perform a marriage ceremony in the state of New York. The process is simple and straightforward, and the license can be obtained through an online application or by visiting the Marriage Bureau in Lower Manhattan.

The One-Day Officiant Law

This new law, which came into effect on March 28, 2023, allows New York residents and non-residents alike to apply for a one-day designation to perform marriage ceremonies. Previously, only ordained members of the clergy and certain government officials were permitted to solemnize a marriage in New York. The law provides a clear alternative for couples who wish to have a special loved one, who may not be an ordained minister, officiate their wedding.

Obtaining the One-Day Officiant License

To obtain the one-day officiant license, an application must be submitted either by mail or in person at the Marriage Bureau in Lower Manhattan. The application requires the names of the couple, a $25 fee, and photocopies of proper identification. It is important to note that the couple must have their marriage license before applying, as applications without this may be rejected. The Manhattan City Clerk's office is currently the only office in the five boroughs that processes these applications.

Responsibilities of the Officiant

The responsibilities of the officiant include conducting the wedding ceremony and completing the marriage license. The officiant must ensure that the license is properly filled out and signed by the couple and witnesses. Within five days of the wedding, the officiant must return the completed marriage license to the City or Town Clerk where the license was purchased.

In summary, a lawyer can certainly officiate a wedding in New York by obtaining the one-day officiant license, allowing them to legally perform the marriage ceremony and fulfill the associated responsibilities.

What are the legal requirements for a marriage in New York?

To be legally married in New York, there are several requirements that must be met. Firstly, both parties must be at least 18 years old. Marriages of minors under 18 years of age are prohibited, and a marriage license cannot be issued if either applicant is under 18. With parental consent, individuals aged 16-17 can marry, and those aged 14-15 may marry if granted permission by a court. However, no one under the age of 14 can legally marry in New York.

Secondly, neither party can be married to another living person, and they cannot marry anyone who is a close blood relative, including parents, siblings, uncles, aunts, nieces, or nephews.

Thirdly, a marriage license must be obtained from a town or city clerk in New York State. Both parties must sign the application in the presence of the clerk, and the license is issued immediately. There is a 24-hour waiting period after receiving the license before the marriage ceremony can take place, and the license is valid for 60 calendar days. The cost of the license is $40 if issued outside of New York City, and the specific cost within New York City is available from the City Clerk's Office.

Fourthly, the marriage ceremony must be conducted by an authorized person, such as a clergyman, judge, or town mayor. In New York City, the officiant must register with the New York City Clerk's Office, and the cost of registration is approximately $15.

Finally, the officiant must complete and return the marriage license to the city or town clerk within five days of the ceremony.

Who can officiate a wedding in New York?

The requirements for who can officiate a wedding in New York State vary depending on the location of the ceremony. In New York City, for example, the officiant must register with the New York City Clerk's Office, whereas in the rest of the state, there is no requirement for the officiant to register.

New York City

To register as a wedding officiant in New York City, you must submit the following documents to the New York City Clerk Marriage Bureau:

• Your Ordination Certificate
• Your "NYC Letter of Consent" (addressed to the City Clerk)
• AMM's Articles of Incorporation and Certificate of Incorporation
• Your Completed Marriage Officiant Registration Application
• Valid Government ID (e.g. driver's license, military ID, passport, or birth certificate)
• $15 Application Processing Fee

Rest of New York State

Outside of New York City, each city and town determines its own officiant registration requirements. Most cities and towns do not require officiant registration before performing a marriage. However, it is always a good idea to check with the local city or town clerk before performing a marriage in that jurisdiction.

Online ordination

In some counties of New York State, including the five counties of New York City, people can become ordained ministers online through platforms like Universal Life Church or American Marriage Ministries. However, it is important to note that marriages performed by officiants ordained online may not be legally recognized in some counties, including Nassau, Suffolk, and Westchester.

One-day officiant law

Under a new law approved by Governor Kathy Hochul, New York residents over the age of 18 can apply for a one-day designation that allows them to perform marriage ceremonies in the state. This law was implemented to avoid misunderstandings regarding the validity of non-traditional ministers.

What are the consequences of not meeting legal requirements?

The consequences of not meeting legal requirements for a wedding can vary, but in general, failing to follow the proper procedures can result in the marriage being deemed invalid or not legally recognised. This means that the couple would not be considered legally married, even if they go through a wedding ceremony. Here are some specific consequences that could occur:

• Financial vulnerability: If one partner dies or the relationship ends, the surviving or former spouse may be left financially vulnerable without the legal protections that come with a valid marriage. This could impact their ability to inherit property, access joint finances, or receive certain government benefits.
• Legal complications: Without a legal marriage, the couple may not have the same rights and protections as legally married spouses. For example, they may not be able to make medical decisions for each other or have automatic parental rights over any children they have together.
• Issues with bigamy: In some cases, individuals may choose non-legally binding ceremonies to avoid financial ties or to ensure they cannot be prosecuted for bigamy. This could be relevant if one or both partners have been previously married and want to avoid any legal complications arising from multiple marriages.
• Misunderstanding of marital status: Some individuals who participate in non-legally binding ceremonies may wrongly believe themselves to be legally married. This could lead to confusion and legal complications down the line, especially if one partner believes they are legally protected and the other does not.
• Difficulties with next of kin: If one spouse is hospitalised or passes away, the other may not be recognised as their next of kin, which could impact their ability to make medical decisions or access important information.
• Immigration issues: In some countries, marriage can impact immigration status. Without a legal marriage, individuals may not be able to sponsor their partner for a visa or gain certain residency rights.
• Social and cultural implications: In certain religious and secular groups, there may be concerns about whether non-legally binding ceremonies are recognised by the community. This could lead to social and cultural consequences for the couple and their families.
• Tax implications: There may be tax benefits associated with legal marriage that non-legally married couples would not be able to access. Additionally, filing taxes as a married couple may be more advantageous than filing as single individuals.
• Emotional impact: While not a legal consequence, failing to meet the legal requirements for a wedding could have an emotional impact on the couple and their families. They may feel that their union is not fully recognised or respected by society, which could lead to feelings of isolation or disappointment.

It is important to note that the specific consequences may vary depending on the jurisdiction and the couple's individual circumstances. Therefore, it is always advisable to consult with a legal professional familiar with the relevant laws and regulations to ensure that all necessary requirements are met.

How do you become a marriage officiant?

The process of becoming a marriage officiant varies depending on the state and county in which the ceremony is taking place. Here is a general step-by-step guide on how to become a marriage officiant:

Step 1: Research

First, you need to ensure that you are authorised by the state to perform a legal marriage. Each state has different descriptions, classifications, and laws that regulate who can officiate a wedding ceremony. It is important to research the specific requirements of the state and county in which you plan to officiate.

Step 2: Get Ordained

To become a marriage officiant, you typically need to get ordained by a legitimate organisation recognised in the state where the ceremony will take place. Many non-denominational churches and nonprofit organisations offer free ordination and provide the necessary materials to run a rehearsal and deliver a polished ceremony. The timeline for ordination can vary, with some organisations offering immediate online ordination and others requiring training or coursework.

Step 3: Submit Your Application

Once you have chosen an organisation to get ordained with, you will likely need to fill out an application form. After your acceptance, you will receive a printable credential, such as a wedding officiant license or a Minister ID number.

Step 4: Register with the State and County (if required)

In some states and counties, you may be required to register as a marriage officiant before the ceremony. This may involve sending away for specific documentation and credentials from a government office. It is important to check the statutes of the state and county where the ceremony will take place to ensure you are compliant with any registration requirements.

Additional Considerations:

• New York City: If the marriage is performed within the five boroughs of New York City, the officiant must register with the New York City Clerk's Office.
• One-day officiant license in New York: As of March 2023, anyone over the age of 18 can apply for a one-day marriage officiant license in New York, which allows them to solemnise a marriage for 24 hours anywhere in the state.
• Arizona: In Arizona, some county clerks may require wedding officiants to attach a statement to the marriage license upon submission, including the time and location of the wedding, the names and residences of official witnesses, the religious organisation the officiant is ordained in, and the officiant's printed name and address.

Overall, it is important to thoroughly research the requirements of the specific state and county in which you plan to officiate a wedding to ensure that you are compliant with all laws and regulations.

Frequently asked questions