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Marriage Equality
in New York City:
Questions and Answers for Same-Sex Couples
and
All Those Who Wish to Marry Here
New York's Marriage Equality Act was signed
into law by Governor Cuomo on June 24, 2011,
allowing same-sex couples to marry legally in
New York for the first time.
New York City has always prided itself on its
openness and diversity, and we look forward to
welcoming all couples who want to get married
amid our bright lights and legendary sights,
including many landmarks of gay history. Whether
you are a native New Yorker or someone who has
dreamed of having your wedding in New York City,
that opportunity is now yours.
Many same-sex couples have waited years to get
married, so there may be a higher demand for
Marriage Licenses when the law goes into effect
on July 24, 2011. The City is committed to accommodating
all eligible couples who would like to marry,
whether they are of the same or opposite sex.
The New York City Clerk will begin issuing Marriage
Licenses and performing civil marriage ceremonies
for same-sex couples starting on Sunday, July
24, 2011. The City Clerk will offer extended
hours that Sunday and during the following week
to accommodate the increased demand.
It's important to keep in mind that
getting married in New York City is a multi-step
process. Couples must complete an application
and receive a Marriage License at the City
Clerk's office before they can legally wed.
Same-sex couples should NOT appear
at the City Clerk's office before July 24, 2011.
Applications for same-sex marriages cannot be
processed until then. For general information
about marrying in New York, please see the City
Clerk's website and the additional information
below.
Very simply, how can we get married
in New York City?
Listed below are the general steps and rules
of the marriage process.
- You can submit an application for a Marriage
License to the City Clerk via City
Clerk Online. You will be given a confirmation
number when you complete the application
online. Bring that number with you when you
go to the City Clerk's office.
- After submitting your application online,
you must appear at the City Clerk's office
to complete your application. Same-sex
couples should NOT appear
before July 24, 2011. Applications for same-sex
marriages cannot be processed until then.
- If you don't have access to a computer, you
can complete the application when you come
to the City Clerk's office. But unlike the
online process, you cannot begin to fill out
a paper application in advance of your visit
to the City Clerk's office. The law requires
it to be filled out in person at the City Clerk's
office.
- You and your prospective spouse must appear
together in person to apply for a Marriage
License. Proxy marriage is not permitted in
New York, so no other party may apply for you
or your prospective spouse.
- Once you arrive at the City Clerk's office
you will proceed to the information desk, where
someone will guide you toward the next steps.
Your Marriage License will be processed while
you wait.
- You should carefully read your Marriage License
to make sure there are no mistakes.
- You will take the Marriage License with you
when you leave the office.
- If you like, the City Clerk's office can
also perform a civil marriage ceremony for
you.
- The law requires a 24-hour waiting period
before your marriage ceremony can be performed,
unless you obtain a Judicial
Waiver.
- If you obtain a Judicial Waiver, then the
City Clerk's office can perform a civil marriage
ceremony the same day.
- On Sunday, July 24, judges will be available
to consider requests for waivers.
- The City Clerk's fee for a Marriage License
is $35. The fee for a marriage ceremony at
the City Clerk's office is $25. Fees are payable
with money order or credit card (Visa, MasterCard,
Discover, and American Express). Cash and personal
checks are not accepted.
Who can get married in New York City,
now that the Marriage Equality Act has passed?
The Marriage Equality Act allows eligible same-sex
couples to get married in New York just like
opposite-sex couples, with the same rights, responsibilities,
and benefits under State and City law. For detailed
information about age and other eligibility requirements
for all couples, please see the City
Clerk's website.
Can we get married in New York City
even if we don't live there?
Yes. Couples who reside in New York or in another
state or country are welcome to marry here.
Can my spouse and I get married in New
York City if we already were married in another
state or country?
Yes. You and your current spouse can get married
again in New York even if you were previously
married in another jurisdiction. If you bring
an original or certified copy of your current
marriage certificate when applying for a Marriage
License here, you will not need to wait 24 hours
and can hold your New York marriage ceremony
right away. (NOTE: Under existing law, the State
of New York recognizes valid marriages performed
elsewhere, including same-sex marriage. If you
have questions about whether to get married again
in New York, please talk to a lawyer.)
How do we get a Marriage License in
New York City?
To get a Marriage License, fill out an application,
either online or
at the City
Clerk's office. In either case, you and your
prospective spouse must visit the City Clerk's
office to complete the application process and
receive your Marriage License. State law does
not permit "proxy marriage," so both
you and your intended spouse must appear
personally at the City Clerk's office.
If you are a same-sex couple, you may start
your online application now, but you should NOT appear
at the City Clerk's office before July 24, 2011.
Applications for same-sex marriages cannot be
processed until then. (Also, by law, paper applications
for a Marriage License cannot be filled out in
advance of your visit to the City Clerk's office.)
Should we go online to begin the application
process ahead of time?
Beginning the application process online helps
in two ways. First, it will save you time when
you appear at the City Clerk's office because
you will not have to fill out a paper application—just
be sure to bring your confirmation number. Second,
it will give the City Clerk an idea of how
many couples are applying. Beginning
the application process online does not, in any
way, guarantee you a space in line or preferential
treatment once you appear at the City Clerk's
office.
What should we bring when we visit the
City Clerk's office to get our Marriage License?
You must bring valid, government-issued identification
and the necessary fees. It is also a good idea
to bring proof of any previously terminated marriage(s).
The following types of identification are acceptable:
- Driver's license, non-driver identification
card, or learner's permit, with photograph,
from any state or United States territory;
- Active United States Military Identification
Card;
- Valid passport;
- United States Certificate of Naturalization
(less than ten years old);
- United States Alien Registration Card; or
- United States Employment Authorization Card.
The City Clerk's fee for a Marriage License
is $35, with an additional fee of $25 for your
civil marriage ceremony (see more below). Fees
are payable with money order or credit card (Visa,
MasterCard, Discover, and American Express).
Cash and personal checks are not accepted.
If I am from outside New York, do I
need a Letter or Certificate of Non-Impediment
or proof of eligibility from my home town or
home country to get married in New York?
No. New York law does not require anyone from
outside the State of New York to bring a Letter
or Certificate of Non-Impediment or proof of
eligibility in order to obtain a Marriage License
here.
Once we have a license, when can our
marriage ceremony be performed?
To be legally married, you must have a civil
or religious marriage ceremony performed after
obtaining a Marriage License. State law generally
requires you to wait 24 hours after receiving
your license before holding your marriage ceremony.
(This waiting period does not apply to current
spouses married in another jurisdiction who are
seeking to re-marry in New York and who present
an original or certified copy of the existing
marriage certificate.)
You can hold your marriage ceremony immediately—skipping
the 24-hour waiting period—by asking a
New York State judge to grant a waiver of
the 24-hour requirement. On Sunday, July 24,
judges will be available to consider requests
for waivers.
Your Marriage License is valid for 60 days (or
180 days for active military personnel only)
from the time you receive it. Your marriage ceremony
must be performed within that timeframe, or else
you will need to obtain a new license.
Where can our marriage ceremony be held,
and who can perform it?
With a Marriage License from the New York City
Clerk, a civil or religious marriage ceremony
can be held anywhere in the State of New York.
If you choose, the City Clerk's Office will
perform a civil marriage ceremony at one of its five
locations. The City Clerk is offering extended
hours on Sunday, July 24, and during the following
week to accommodate the increased demand. The
City Clerk performs civil marriage ceremonies
on a first-come, first-served basis. You must
bring your Marriage License, the same identification
used to obtain the license, as well as one witness
at least 18 years old who also has proper identification.
The fee for a marriage ceremony is $25. Fees
are payable with money order or credit card (Visa,
MasterCard, Discover, and American Express).
Cash and personal checks are not accepted.
Alternatively, you may have your marriage ceremony
performed outside the City Clerk's Office by
an eligible
person of your choice, such as a clergy member
or a judge. If your marriage ceremony is performed
within New York City, the person who performs
it must first register with the City Clerk. Go
to the City
Clerk's website to learn more about who can
perform marriages and how they can register.
Do we need a witness for our ceremony?
Yes, you need at least one witness 18 years of
age or older. After your marriage ceremony,
the couple, the person who performs the ceremony,
and the witness(es) must all sign the Marriage
License.
Can I change my surname (last name) when
I get married?
Yes. The application for a Marriage License offers
various options for keeping or changing your
surname. If you choose to change your surname,
the change takes effect legally once your marriage
ceremony is held. You cannot change your first
or middle name through marriage.
Where do we go to obtain a Marriage
License and, if we choose, have the City Clerk's
office perform our marriage ceremony?
The City Clerk has office locations in each of
the five boroughs: Manhattan, Queens, the Bronx,
Brooklyn, and Staten Island. To accommodate increased
demand after the Marriage Equality Act takes
effect, the City Clerk is offering extended hours
the week of July 24.
Manhattan Office
141 Worth Street
New York, NY 10013
Regular Hours: 8:30 am to 3:45 pm, Monday through
Friday
Special Hours:
Sunday, July 24, 2011: 8:30am-4:30pm
Monday, July 25 through Friday, July 29: 8:30am-6:30pm
(Please note you must be in the Office's doors
by 3:45pm on July 24 and 5:45pm on July 25 through
July 29 to be guaranteed service)
Bronx Office
Supreme Court Building
851 Grand Concourse, Room B131
Bronx, NY 10451
Regular Hours: 8:30 am to 4:00 pm, Monday through
Friday
Special Hours:
Sunday, July 24, 2011: 8:30am-4:30pm
Monday, July 25 through Friday, July 29: 8:30am-6:30pm
(Please note you must be in the Office's doors
by 3:45pm on July 24 and 5:45pm on July 25 through
July 29 to be guaranteed service)
Brooklyn Office
Brooklyn Municipal Building
210 Joralemon Street, Room 205
Brooklyn, NY 11201
Regular Hours: 8:30 am to 4:00 pm, Monday through
Friday
Special Hours:
Sunday, July 24, 2011: 8:30am-4:30pm
Monday, July 25 through Friday, July 29: 8:30am-6:30pm
(Please note you must be in the Office's doors
by 3:45pm on July 24 and 5:45pm on July 25 through
July 29 to be guaranteed service)
Queens Office
Borough Hall Building
120-55 Queens Boulevard, Ground Floor, Room X001
Kew Gardens, NY 11424
Regular Hours: 8:30 am to 4:00 pm, Monday through
Friday
Special Hours:
Sunday, July 24, 2011: 8:30am-4:30pm
Monday, July 25 through Friday, July 29: 8:30am-6:30pm
(Please note you must be in the Office's doors
by 3:45pm on July 24 and 5:45pm on July 25 through
July 29 to be guaranteed service)
Staten Island Office
Borough Hall Building
10 Richmond Terrace, Room 311
Staten Island, NY 10301
Regular Hours: 8:30 am to 4:00 pm, Monday through
Friday
Special Hours:
Sunday, July 24, 2011: 8:30am-4:30pm
Monday, July 25 through Friday, July 29: 8:30am-6:30pm
(Please note you must be in the Office's doors
by 3:45pm on July 24 and 5:45pm on July 25 through
July 29 to be guaranteed service)
What are the differences between a same-sex
marriage and an opposite-sex marriage in New
York?
The Marriage Equality Act gives married same-sex
couples the same rights, responsibilities, and
benefits that married opposite-sex couples have
under State and City law. There are significant
differences in the rights and benefits afforded
under federal law and the laws of most other
jurisdictions. Those differences may extend to
federally funded programs administered by New
York State and New York City. For more specific
guidance, please consult a legal professional.
Will our New York marriage be recognized
outside of New York?
Some states recognize same-sex marriages performed
in New York, but the federal government and many
other states do not. Connecticut, Iowa, Maryland,
Massachusetts, New Hampshire, Rhode Island, Vermont,
and Washington, D.C. all recognize same-sex marriages
performed in other states. Illinois, New Jersey,
and Hawaii (as of January 1, 2012) recognize
same-sex marriages as civil unions, and the State
of Washington recognizes same-sex marriages as
domestic partnerships. A civil union or a domestic
partnership may carry different status in those
places.
Are there any differences in the process
for same-sex marriage and opposite-sex marriage
in New York City?
No. Under the Marriage Equality Act, New
York City will offer same-sex marriages and opposite-sex
marriages following the same process.
Can we choose to be domestic partners
instead of getting married?
Yes, as before the Marriage Equality Act, eligible
same-sex and opposite-sex couples can still choose
to form domestic partnerships. Domestic partners
are entitled to a smaller subset of rights and
privileges than those granted to married couples.
See the New York City Clerk's website for information
about domestic
partnership registration.
If we are currently domestic partners
and now want to get married, do we first need
to terminate our domestic partnership?
No. Getting married automatically terminates
a domestic partnership, so no additional act
other than the marriage is required.
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