- 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
- Employment Picture ID
- Immigration Record
Those under 18 years of age must be accompanied by parents.
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.
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.
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.