New York Marriage Laws

Statutes

• New York Domestic Relations Law Section 11, Section 12, Section 13, 13-b

Validity of Marriage

All states including New York have certain requirements to obtain a marriage license.

Marriage licenses

• Information regarding previous marriages must be provided in the application for the marriage license.
• It is necessary if you intend to be married, that you obtain a license within 60 days to the clergy person or magistrate who will officiate prior to the marriage being performed.

Solemnization (performance) of marriage

For a valid marriage ceremony, the ceremony must be performed by any of the following individuals:

• The current of former governor
• The mayor of a village or town
• A marriage officer appointed by the town or village board or the city common council
• A justice or judge of various courts named in the statute
• A village, town, or county justice
• A member of the clergy or minister who’s been officially authorized to perform marriages from a governing church body
• Other officiates specified in the statute

No particular form or ceremony is required. However, when the marriage is performed, the parties must declare their intention to become lawful spouses in the presence of an authorized member of the clergy or an authorized magistrate and at least one other witness.

Time Frame

A marriage is not to be performed within 24 hours after the issuance of the marriage license unless authorized by an order of the court of record.

Incestuous/Void marriages

A marriage is considered incestuous and void (whether the relatives are legitimate or illegitimate) in the following situations:

• Marriage between an ancestor and descendant
• Marriage between a brother and a sister (whether whole siblings or half siblings)
• Marriage between an uncle and a niece or between an aunt and nephew.
  A person who knowingly and willfully performs an incestuous marriage or aids in the performance of such a marriage can be charged with a misdemeanor and can be penalized accordingly.