Getting Married in New York: Legal Guide for Couples
Getting married in New York requires obtaining a marriage license from a town or city clerk, which costs $40 and remains valid for 60 days. New York has a mandatory 24-hour waiting period between receiving your license and holding your ceremony, though this can be waived by a judge under certain circumstances.
Both parties must appear together in person to apply for a marriage license in New York, and you'll need proper identification including proof of age and, if applicable, documentation of previous marriage terminations.
Key Considerations
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
New York Domestic Relations Law § 10-13
Establishes who may legally marry in New York State. Since 2011, New York recognizes marriages regardless of whether the parties are of the same or different sex. Both parties must be 18 years of age or older (or 17 with judicial approval and parental consent).
New York Domestic Relations Law § 13-a
Requires a marriage license to be obtained from any town or city clerk in New York State at least 24 hours before the marriage ceremony. The license is valid for 60 days from the date of issuance.
New York Domestic Relations Law § 11
Specifies who may perform marriage ceremonies in New York, including clergy members, judges, and certain public officials. The ceremony must be witnessed by at least one other person besides the person performing the ceremony.
New York Domestic Relations Law § 236
Known as the Equitable Distribution Law, this statute governs how marital property is divided in case of divorce. Understanding this law is important for couples considering prenuptial agreements or those wanting to know how their assets might be treated in the future.
New York Domestic Relations Law § 25
Provides that a marriage is valid despite irregularities in the marriage license or ceremony if the parties believed in good faith that they were properly married. This 'marriage saving' statute protects couples from technical defects in the marriage process.
Regional Variances
New York City
New York City has specific marriage license requirements that differ from the rest of the state. You must apply in person with your partner at any City Clerk's office. The marriage license fee is $35, and there is a mandatory 24-hour waiting period after receiving your license before you can have your ceremony. NYC also offers domestic partnership registration. Marriage licenses issued in NYC are valid for 60 days and can be used anywhere in New York State.
The Manhattan Marriage Bureau is often very busy, especially during peak wedding season. It's advisable to make an appointment online through Project Cupid rather than walking in. The Manhattan office also offers a private wedding chapel for ceremonies for an additional fee of $25.
The Brooklyn Marriage Bureau offers services similar to Manhattan but may have shorter wait times. They also provide ceremony services, but the space is typically smaller than Manhattan's.
Long Island
In Nassau County, marriage licenses must be obtained from the town or city clerk where either party resides, not the county clerk. The fee is still $40, but processing times and availability of same-day licenses may vary by town. Some town clerks require appointments while others accept walk-ins.
Similar to Nassau County, marriage licenses in Suffolk County are issued by town clerks rather than the county clerk. Each town may have slightly different procedures and hours of operation, so it's important to check with the specific town clerk's office where you plan to apply.
Upstate New York
As the state capital, Albany has a streamlined marriage license process. The city clerk's office issues licenses during regular business hours, and the standard $40 fee and 24-hour waiting period apply. Albany also has several historic venues that may require special permits for wedding ceremonies.
Buffalo's City Hall offers marriage licenses and can perform ceremonies on the same day after the 24-hour waiting period. The city clerk's office is known for being accommodating to couples and offers extended hours on certain days of the week.
Known as the 'Honeymoon Capital,' Niagara Falls has a dedicated marriage license office with extended hours during tourist season. The city offers special wedding packages for ceremonies near or overlooking the falls, which may require additional permits from the Niagara Falls State Park.
Suggested Compliance Checklist
Apply for a Marriage License
30-45 days before wedding days after startingBoth parties must appear in person at any New York City Clerk's Office or town/city clerk in New York State. You'll need to bring valid identification (government-issued ID, passport, or driver's license), proof of age, and pay the license fee (approximately $40). The license is valid for 60 days and has a mandatory 24-hour waiting period before the ceremony can take place.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. In New York, prenups must be in writing, signed by both parties, and acknowledged in the manner required for property deeds. For the agreement to be enforceable, both parties should have independent legal counsel, full financial disclosure, and the agreement should be signed well before the wedding (ideally at least 30 days prior) to avoid claims of coercion.
Update or Create a Will
60 days after wedding days after startingMarriage automatically changes certain inheritance rights in New York. After marriage, your spouse is entitled to a minimum share of your estate (at least one-third) even if excluded from your will. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In New York, a valid will must be in writing, signed by the testator, and witnessed by at least two competent witnesses.
Create Healthcare Power of Attorney
60 days after wedding days after startingThis document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In New York, this is part of the Health Care Proxy form. The document must be signed in the presence of two adult witnesses who also sign the document. Neither witness can be the person you select as your agent.
Establish Durable Power of Attorney
60 days after wedding days after startingThis allows your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In New York, the document must be properly executed with your signature acknowledged before a notary public. The statutory short form power of attorney is commonly used in New York and requires specific language to be valid.
Update Beneficiary Designation Forms
30 days after wedding days after startingReview and update beneficiary designations on retirement accounts, life insurance policies, and other financial accounts. These designations typically override will provisions, so it's crucial they reflect your current wishes. Contact each financial institution or employer to obtain the proper forms.
Apply for Name Change (if applicable)
60 days after wedding days after startingIf either spouse wishes to change their name after marriage, you can indicate this on your marriage license application. For other name changes or if you decide later, you'll need to file a Name Change Petition with the court in your county. In New York, you can legally change your name through usage for most purposes, but official documents require a court order or marriage certificate.
Update Social Security Information
30 days after name change days after startingIf you change your name, visit your local Social Security office or apply by mail with Form SS-5, your marriage certificate, and identification. This is a crucial first step as other ID updates typically require an updated Social Security card.
Update Driver's License and Vehicle Registration
60 days after name change days after startingVisit a New York DMV office with your marriage certificate and updated Social Security card to change your name on your driver's license. You'll also need to update your vehicle registration if applicable.
Establish Joint Bank Accounts (if desired)
90 days after wedding days after startingWhile not required, many couples choose to establish joint accounts. In New York, joint accounts are typically held as 'joint tenants with rights of survivorship,' meaning if one spouse dies, the other automatically owns the entire account regardless of will provisions.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In New York, you typically have 30 days from your wedding date to make these changes. Contact your insurance provider or employer's HR department for specific requirements.
Research Tax Filing Options
By next tax filing deadline days after startingMarriage affects your tax filing status. You'll need to decide whether to file jointly or separately. For the year you get married, you can still file as single if married after December 31, but for subsequent years, you must file as married. Consult with a tax professional to determine the most advantageous filing status based on your specific financial situation.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | Both parties must appear in person at any New York City Clerk's Office or town/city clerk in New York State. You'll need to bring valid identification (government-issued ID, passport, or driver's license), proof of age, and pay the license fee (approximately $40). The license is valid for 60 days and has a mandatory 24-hour waiting period before the ceremony can take place. | Marriage License Application | 30-45 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. In New York, prenups must be in writing, signed by both parties, and acknowledged in the manner required for property deeds. For the agreement to be enforceable, both parties should have independent legal counsel, full financial disclosure, and the agreement should be signed well before the wedding (ideally at least 30 days prior) to avoid claims of coercion. | Prenuptial Agreement | 90-120 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in New York. After marriage, your spouse is entitled to a minimum share of your estate (at least one-third) even if excluded from your will. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In New York, a valid will must be in writing, signed by the testator, and witnessed by at least two competent witnesses. | Updated Will | 60 days after wedding |
| Create Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In New York, this is part of the Health Care Proxy form. The document must be signed in the presence of two adult witnesses who also sign the document. Neither witness can be the person you select as your agent. | Healthcare Power of Attorney | 60 days after wedding |
| Establish Durable Power of Attorney | This allows your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In New York, the document must be properly executed with your signature acknowledged before a notary public. The statutory short form power of attorney is commonly used in New York and requires specific language to be valid. | Durable Power of Attorney | 60 days after wedding |
| Update Beneficiary Designation Forms | Review and update beneficiary designations on retirement accounts, life insurance policies, and other financial accounts. These designations typically override will provisions, so it's crucial they reflect your current wishes. Contact each financial institution or employer to obtain the proper forms. | Beneficiary Designation Forms | 30 days after wedding |
| Apply for Name Change (if applicable) | If either spouse wishes to change their name after marriage, you can indicate this on your marriage license application. For other name changes or if you decide later, you'll need to file a Name Change Petition with the court in your county. In New York, you can legally change your name through usage for most purposes, but official documents require a court order or marriage certificate. | Name Change Application | 60 days after wedding |
| Update Social Security Information | If you change your name, visit your local Social Security office or apply by mail with Form SS-5, your marriage certificate, and identification. This is a crucial first step as other ID updates typically require an updated Social Security card. | - | 30 days after name change |
| Update Driver's License and Vehicle Registration | Visit a New York DMV office with your marriage certificate and updated Social Security card to change your name on your driver's license. You'll also need to update your vehicle registration if applicable. | - | 60 days after name change |
| Establish Joint Bank Accounts (if desired) | While not required, many couples choose to establish joint accounts. In New York, joint accounts are typically held as 'joint tenants with rights of survivorship,' meaning if one spouse dies, the other automatically owns the entire account regardless of will provisions. | Joint Bank Account Application | 90 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In New York, you typically have 30 days from your wedding date to make these changes. Contact your insurance provider or employer's HR department for specific requirements. | Health Insurance Coverage Change Form | 30 days after wedding |
| Research Tax Filing Options | Marriage affects your tax filing status. You'll need to decide whether to file jointly or separately. For the year you get married, you can still file as single if married after December 31, but for subsequent years, you must file as married. Consult with a tax professional to determine the most advantageous filing status based on your specific financial situation. | - | By next tax filing deadline |
Frequently Asked Questions
To get married in New York, both parties must be 18 or older (those 17 may marry with judicial approval and parental consent), obtain a marriage license from any town or city clerk in New York State, wait the mandatory 24-hour waiting period after receiving the license before the ceremony (unless waived by a judge), and have the marriage solemnized by an authorized officiant. You'll need proper identification (government-issued photo ID, birth certificate) and proof of age. The marriage license fee is typically $40, and the license is valid for 60 days after issuance.
No, New York State does not require blood tests or medical exams to obtain a marriage license. This requirement was eliminated years ago. You only need to provide proper identification and complete the marriage license application.
In New York, marriages can be legally performed by: judges (current or retired), mayors, city clerks, clergy members or ministers of any religion, leaders of the Society for Ethical Culture, and certain public officials. Additionally, any person can become authorized to perform a single wedding ceremony after applying for a one-day officiant designation through the City Clerk's Office in NYC or following local procedures elsewhere in the state.
A marriage license is the document you obtain before your wedding that gives you legal permission to marry. A marriage certificate is the official record issued after your ceremony that proves you are legally married. After your ceremony, your officiant must complete the license and return it to the issuing clerk's office within 5 days. You'll then receive your marriage certificate, which serves as legal proof of your marriage.
Yes, New York law requires at least one witness (18 or older) to be present at your wedding ceremony. The witness must sign the marriage license after the ceremony. However, many couples opt to have two witnesses as a traditional practice, though only one is legally required.
New York is an equitable distribution state, not a community property state. This means that property acquired during marriage is considered marital property subject to equitable (fair, but not necessarily equal) distribution in case of divorce. Property owned before marriage typically remains separate property, though there are exceptions. To clearly define property rights, couples may consider creating a prenuptial agreement before marriage.
Name changes after marriage are optional in New York. If you wish to change your name, you can indicate your new name on the marriage license application. After marriage, you can use your marriage certificate as proof to update your name with the Social Security Administration, DMV, and other institutions. Both spouses have the right to keep their original names, take their spouse's name, hyphenate names, or create a new combined name.
Yes, same-sex marriages have been legal in New York since July 24, 2011, when the Marriage Equality Act took effect. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples throughout the state. The process for obtaining a marriage license and the legal requirements are identical regardless of gender.
A prenuptial agreement ('prenup') is a legal contract created before marriage that typically addresses how assets and debts will be divided in case of divorce or death. In New York, prenups can cover property division, spousal support, inheritance rights, and other financial matters, but cannot determine child custody or support. Whether you need one depends on your situation—they're often recommended if you have significant assets, own a business, expect a large inheritance, have children from previous relationships, or want to protect family property. To be valid in New York, prenups must be in writing, signed by both parties, and executed with proper acknowledgment. Each party should have independent legal counsel.
Marriage affects both federal and New York state taxes. You'll have the option to file jointly or separately as a married couple. Filing jointly often provides tax benefits, but in some situations (such as when one spouse has significant medical expenses or tax debts), filing separately might be advantageous. Marriage can affect tax brackets, deductions, credits, and estate planning. New York also has its own state income tax with different rates and brackets for married couples. It's advisable to consult with a tax professional after marriage to understand your specific situation and optimize your tax strategy.