Weddings Redefined

Stories and advice from Bernadette Smith, visionary owner of 14 Stories, the nation's first firm specializing in creating legal LGBT weddings. Our weddings are unique, personal, beautiful and still, historical. We have offices in Boston and New York.

How to Get Married In New York (Updated!)

Bernadette Coveney Smith - Thursday, July 07, 2011
Now that same-sex marriage has been legalized in New York state (YAY!), you're probably wondering how to get married.  Here are some Frequently Asked Questions:

When does gay marriage go into effect in New York?
The law goes into effect on July 24 but that date is a Sunday.  The New York City marriage bureau will be open on Sunday to accept applications and judges will be on hand to waive the 24 hour waiting period to marry, and also to officiate ceremonies on that same day, July 24.  Binghamton and Syracuse city halls will also be open on the 24th.  It is unclear whether those cities will have judges on hand to waive the 24 hour wait and perform ceremonies.  

To the best of our knowledge, only New York City is making it possible for couples to legally marry on July 24. Couples looking to marry in other parts of the state can begin having marriage ceremonies on July 26, 2011.  

Do I have to live in New York to get married there?
No, anyone can apply for a marriage license in New York State.  There is no residency requirement.

Where can I apply for a marriage license?
You can apply at any city or town clerk's office in the state of New York.  Both partners must be present.  Couples can apply online through the City of New York as early as July 5.  Couples who apply in person can apply beginning Monday, July 25.

Is a blood test required?
No.

Is there a waiting period to get the marriage license?
There is not a waiting period to get the license - you receive it right away.  

How soon after applying for a license can I get legally married?
24 hours or more.

Are there witnesses required in order to get legally married?
One witness 18 or older is required.

How much is the marriage license application fee?
Outside of New York City, the fee is $40.  In NYC, the fee is $35.

How long is the marriage license valid for?
60 days

Can I apply online for a marriage license?
Yes, you can, in New York City, but both partners must still go in person to pick up the marriage license.

What paperwork is required when I apply for my marriage license?
Two things: Either a birth certificate OR a baptismal record OR a naturalization record OR a Census record AND a driver's license OR a passport OR a work ID with photo OR an immigration record. 

Who can officiate the marriage ceremony?
The mayor of a city or village; the former mayor, city clerk, or deputy city clerk of a city with 1 million+ residents; a marriage officer appointed by the town or village board; a justice or judge; a village, town or county justice; a member of the clergy authorized to perform marriage ceremonies.


If I don't live in New York, will my marriage be recognized by my home state?
It depends on where you live, but in most cases, probably not.  It will be recognized in Connecticut, Massachusetts, Vermont, New Hampshire, New Jersey, Iowa, California, New Mexico, Maryland and D.C.

Is my New York gay marriage recognized by the U.S. federal government?
Unfortunately, no it is not.

If I get legally married in New York, will I still need special legal paperwork to protect my family?
Yes, if you plan to travel with your partner beyond New York state, it will be necessary for you to hire an attorney to draw up paperwork to protect your family in case something happens in a state where your marriage is not recognized.  You will need a Health Care Proxy, a Durable Power of Attorney and a will or trust.

How do I change my name?
You'll be asked your new last name on the marriage application.  Once you receive your official copy of your marriage license, you can use that document to change your name on social security card, driver's license etc, if you live in the state of New York.  If you live out of state, and in a state where your marriage is not legally recognized, it's much harder and will, in most cases, require a judge's order.


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Comments
Jessie of Eclectic Unions commented on 25-Jun-2011 04:46 PM
Great and informative post! Thanks, Bernadette. Looking forward to being able to perform weddings for EVERYONE come July 24!
commented on 04-Jul-2011 02:22 PM
Im canadian planning on a new york same sex wedding, pending a US visa for my mexican partner,,,can anyone tell me if my wallet size birth certificate is valied in new york as it is not valid in Mexico City. We have all the other paperwork just need to
know if birth cerificate is legal then we can go ahead and apply for visa , we both live in mexico. Thanks
Bernadette commented on 04-Jul-2011 02:52 PM
As far as I know, any birth certificate is acceptable. I got my information from this website: http://www.health.state.ny.us/vital_records/married.htm and it doesn't specific the size of the birth certificate. Congratulations to you and your partner!
Alan Miles commented on 11-Jul-2011 10:30 PM
I applied for a marriage license in NYS and on my confirmation form it says I only need one of the following IDs: Here's what you'll need to bring. To obtain a Marriage License at the Office of the City Clerk, you must present the following items: Your
confirmation number from this page, Your Social Security Number, if you have one, Payment of $35 by credit card or money order payable to the City Clerk, Proof of prior marriage termination (if applicable), and One of the following forms of proper identification:
Driver License with photograph (from the United States of America or any of its territories) Non-Driver Identification Card with photograph (from the United States of America or any of its territories) Learner Permit with photograph (from the United States
of America or any of its territories) Active United States Military Identification Card Passport United States Certificate of Naturalization (good for 10 years after date of issue) United States Alien Registration Card United States Employment Authorization
Card
Bernadette commented on 12-Jul-2011 08:25 AM
Interesting, Alan. I wonder if NY City is different than other towns, because the information I posted is from the State's website. Thanks for your comment!
Sean commented on 26-Jul-2011 05:14 PM
Hi, I am a US citizen. My partner and I would like to get marry in NY. He is a not a US citizen and we both are not resident of NY. If we get marry, would he still be departed back to his country once his paper expired? Would he be protected under the
law from this even if we both are not living in NY? Please help.
Bernadette commented on 26-Jul-2011 09:22 PM
Sean, there is a chance that your partner could be deported as a legal marriage may send a signal to the US government that he plans to stay longer than his paper allows. However, the most recent cases of this happening have resulted in the deportation
hearings being halted. You can read the story here: http://www.nytimes.com/2011/06/30/us/30immig.html The short answer is "I don't know" but it's safer to be unmarried. Good luck to you!

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