To get married in New York, both people appear together at any town or city clerk’s office to apply for a marriage license, wait 24 hours after it is issued, then hold a ceremony with an authorized officiant and at least one witness within 60 days. The officiant signs the license and returns it to the issuing clerk within five days, at which point the marriage is on record. There is no residency requirement, so it does not matter where either of you lives.
Who Can Marry
Both parties must be at least 18. New York eliminated every exception for minors, including parental and judicial consent.1New York State Senate. New York Domestic Relations Law 15-A – Marriages of Minors Under Eighteen Years of Age
A marriage is automatically void if the parties are an ancestor and descendant, siblings (including half-siblings), or an uncle/aunt and niece/nephew.2New York State Senate. New York Domestic Relations Law 5 – Incestuous and Void Marriages It is also void if either person already has a living spouse from a prior marriage that was never dissolved or annulled.3New York State Senate. New York Domestic Relations Law 6 – Void Marriages No application can be denied because the parties are the same sex or different sexes.4New York State Senate. New York Domestic Relations Law 13 – Marriage Licenses
Apply for the License
Both people must appear together, in person, before a town or city clerk anywhere in the state and sign the application under oath.5New York State. Information on Getting Married in New York State You do not have to marry in the same county that issues the license. The clerk can question either party and may ask you to bring someone who can verify your identity.
Each person supplies full legal name, home address, Social Security number, age, occupation, place of birth, parents’ names (including the mother’s birth surname) and countries of birth, and the number of prior marriages.6New York State Senate. New York Domestic Relations Law 15
Bring proof of age. The statute accepts a wide range of documents: an original or certified birth certificate, passport, driver’s license, government or school photo ID, baptismal record, immigration record, or naturalization record, among others. If either person was previously married, the clerk may require a certified copy of the divorce decree or proof that the former spouse is deceased.6New York State Senate. New York Domestic Relations Law 15 Any document not in English should come with a certified English translation and a signed statement from the translator attesting to fluency and accuracy.
In New York City, couples can start the application online through Project Cupid before an in-person appointment at the Marriage Bureau.7Office of the City Clerk – NYC Marriage Bureau. Marriage License You still have to show up to sign, swear to the application, and pay.
License Fees
- New York City: $35 for the license, plus $25 if you want the City Clerk to perform the ceremony.8Office of the City Clerk – New York City. Fees – City Clerk
- Elsewhere in New York State: $40, which includes a Certificate of Marriage Registration.5New York State. Information on Getting Married in New York State
Wait 24 Hours; The License Lasts 60 Days
Once the license is issued, no ceremony can take place for 24 hours. The license then stays valid for 60 days. If 60 days pass without a ceremony, it expires and you have to apply and pay again.9New York State Senate. New York Domestic Relations Law 13-b – Time Within Which Marriage May Be Solemnized
A judge can waive the 24-hour wait, but only in genuine emergencies such as imminent military deployment. Both parties must appear before the court with the license, sign a petition explaining the circumstances under oath, and get the waiver order signed by a judge. Bring the original waiver, petition, and license to your officiant.10New York State Unified Court System. Marriage Waiver Information
Choose an Officiant
New York law is specific about who can perform a legally valid ceremony. The main categories are:
- Clergy and religious leaders: any ordained minister, priest, rabbi, or leader of a recognized religious or ethical culture society.
- Government officials: the governor (current or former), village mayors, county executives, city mayors, and members of the state legislature. Legislators cannot charge a fee.
- Judges: federal judges sitting in New York, all state court judges and justices, retired judges certified under the judiciary law, and housing judges in New York City.
- Court clerks: the clerk of each Appellate Division and, in New York City, the city clerk and designated deputy clerks.
No clergy member is required to perform a marriage that conflicts with their religious beliefs.11New York State Senate. New York Domestic Relations Law 11 – By Whom a Marriage Must Be Solemnized
Having a Friend Officiate
A friend or family member can perform your ceremony under a one-day marriage officiant designation under Domestic Relations Law Section 11-d. They apply at the same town or city clerk’s office that issued your marriage license. In New York City the ceremony fee at the Marriage Bureau is $25, which gives a sense of the range; fees vary by jurisdiction.8Office of the City Clerk – New York City. Fees – City Clerk
NYC Officiant Registration
New York City requires every officiant to register with the City Clerk before performing any ceremony in the five boroughs. Registration costs $15, and the officiant brings credentials appropriate to how they are authorized: a denomination directory or letter for clergy, an ordination certificate with a supporting letter from the local congregation, or credentials verifying a judicial or governmental appointment.12Office of the City Clerk – City of New York. Marriage Officiant Registration Most jurisdictions outside the city do not require separate officiant registration, but a quick call to the local clerk before the ceremony is worth the time.
The Ceremony
New York does not require any particular format, religious or secular. The only legal requirement is that both parties declare, in the presence of the officiant and at least one witness, that they take each other as spouses.13New York State Senate. New York Domestic Relations Law 12 – Marriage, How Solemnized You can write your own vows, use religious traditions, or keep it to a few sentences.
The witness must be old enough to understand what is happening; the statute sets no specific age. After the vows, the couple, officiant, and witness all sign the license. Those signatures turn the license from a permit into the legal record of your marriage.
Filing After the Ceremony
The officiant is legally responsible for returning the signed license to the issuing clerk’s office within five days of the ceremony. Missing this deadline is a misdemeanor.14New York State Senate. New York Domestic Relations Law 14 A late filing can create real problems when you need to prove you are married for insurance, taxes, or a name change. If a friend with a one-day designation is officiating rather than someone who files marriage paperwork routinely, remind them.
Once the clerk processes the returned license, the marriage is officially on record and you can order certified copies of your marriage certificate.
Certified Copies
If you married in New York City, certified copies come from the City Clerk’s office: $15 for the first domestic-use copy and $10 for each additional, or $35 and $30 for copies certified for foreign use.15Office of the City Clerk – City of New York. Marriage Records – City Clerk For marriages outside the five boroughs, contact the New York State Department of Health in Albany. Order two or three copies from the start; you will need them for name changes, insurance, and financial accounts, and ordering later costs more.
Changing Your Name
Either spouse can elect a new surname or middle name directly on the marriage license application, and the change takes effect the moment the ceremony is complete. No separate court petition is needed. Your options for a new surname are:
- The current surname of either spouse
- Any former surname of either spouse
- A combined surname merging part or all of each spouse’s name
- A hyphenated or two-part surname using each spouse’s pre-marriage or former surname
Skip this step on the application and you can still change your name later, but it takes a standard court petition, which is more expensive and slower.16Office of the City Clerk – City of New York. Name Change – City Clerk
After the ceremony, your certified marriage certificate is what you use to update your name everywhere else. Start with the Social Security Administration, because the IRS and most other agencies pull name data from SSA records; a mismatch between your tax return and SSA can delay a refund. Then update your driver’s license at the DMV, your passport with the State Department, and work through banks, credit cards, insurance policies, and voter registration.17USAGov. How to Change Your Name and What Government Agencies to Notify