Requirements

Age Requirements

  • If either applicant is under 14 years of age, a marriage license cannot be issued
  • If either applicant is 14 or 15 years of age, such applicant(s) must present the written consent of both parents and a justice of the Supreme Court or a judge of the Family Court having jurisdiction over the town or city in which the application is made
  • If either applicant is 16 or 17 years of age, such applicant(s) must present the written consent of both parents
  • If both applicants are 18 years of age or older, no consents are required

One parent alone may consent to a minor's marriage if:

  • The other parent has been missing for one year preceding the application
  • The parents are divorced and the consenting parent was given sole custody of the child when the divorce decree was awarded
  • The other parent has been judged incompetent
  • The other parent is deceased

Proof of Age & Identity

A person is required to establish proof of age and identity by submitting to the issuing clerk one of the following age related documents:

  • Birth Certificate
  • Baptismal Record
  • Naturalization Record
  • Census Record

AND one of the following identity related documents:

  • Driver’s License
  • Passport
  • Employment Picture ID
  • Immigration Record

Those under 18 years of age must be accompanied by parents.

Familial Restrictions

A marriage may not take place in New York State between an ancestor and descendant, siblings (full or half blood), an uncle / aunt and a nephew / niece, regardless of whether or not these persons are legitimate or illegitimate offspring.

Previous Marriages

Documentation regarding previous marriages must be furnished when applying for a marriage license. Providing a certified copy of the Decree of Divorce, or a Certificate of Dissolution of Marriage or certified Death Certificate is required.

Surname Options

A person's last name (surname) does not automatically change upon marriage, and neither party to the marriage is required to change his or her last name. A couple need not take the same last name.

The new name must consist of one of the following options:

  • The surname of the other spouse
  • Any former surname of either spouse
  • A name combining into a single surname all or a segment of the pre-marriage surname or any former surname of each spouse
  • A combination name separated by a hyphen, provided that each part of such combination surname is the pre-marriage surname, or any former surname, of each of the spouses

Changes at a Later Date

Whether you decide to use or not use this option at the time of your marriage license application, you still have the right to adopt a different name through usage at some future date. However, your marriage license cannot be changed to record a surname you decide to use after your marriage.