Requirements for entering into a marriage
The following criteria must be met before two people can enter a marriage:
- Not be a party to another civil union, domestic partnership or marriage in this State or recognized by this state;
- Be at least 18 years of age, except that applicants under the age of 18 may enter into a marriage with parental consent. Applicants under the age of 16 must obtain parental consent and have the consent approved in writing by any judge of the Superior Court, Chancery Division, Family Part.
The state of New York does not require couples to be residents of New York to marry in the state. However, marriage licenses issued in New York must be used within the state of New York.
all couples who intend to get married in New York must obtain a ‘Marriage License’. The fee for the license is $35, which can be paid by credit card or money order, payable to the City Clerk. This license is valid for 60 days and can be used anywhere within the state of New York.
If either you or your partner was previously married, you must furnish information about those marriages on the application. You must say whether the former spouse is living and whether the marriage ended by divorce, annulment, or death.
If divorced, you must be able to give your previous spouse’s full legal name, the date that the divorce decree was finalized, and the city, state, and country that issued the divorce.
You may also be required to show a certified copy of the divorce decree or other dissolution documents.
Some locations, such as New York City, allow you to fill out the application online. This will make the in-person application process faster. Both parties must still appear at the clerk’s office to complete the application and sign the application.