FAQs • Smithtown, NY • CivicEngage

What are the age requirements?: The age of consent is 18 years of age. Any minor less than 18 years of age but at least 17 years of age requires the approval of both parents (or one parent if other conditions are met) and written approval of a justice of the supreme court or of a judge of the family court having jurisdiction over the town in which the application is being made.

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Town Clerk - Marriage Licenses

1. Who can perform a marriage ceremony and where can it take place?: A marriage ceremony must be performed by any of the individuals specified in Section 11 of the New York State Domestic Relations Law. The officiant does not have to be a resident of New York State and is not required to register with the State. The marriage ceremony must occur within the borders of New York State.

2. Who determines if an officiant is legally authorized to perform a marriage ceremony?: The Town Clerk’s Office cannot answer questions on the legal qualifications of a marriage officiant. Who can solemnize a marriage is addressed in Section 11 of the New York State Domestic Relations Law. The Law places the burden on the officiant to comply with the provisions of the Domestic Relations Law. You can view the law in its entirety at www.nysenate.gov/legislation/laws/DOM/A3. If there are questions or concerns on the qualifications of an officiant we advise you to seek legal advice from an attorney versed in the Domestic Relations Law.

3. Are there any familial restrictions?: A marriage may not take place in New York State between an ancestor and descendant, a brother and sister (full or half blood), an uncle and niece, or an aunt and nephew, regardless of whether or not these persons are legitimate or illegitimate offspring.

4. Is there a waiting period?: Yes. Although the marriage license is issued immediately, the marriage ceremony may not take place within 24 hours from the exact time that the license was issued. When both applicants are 16 years of age or older, the 24-hour waiting period may be waived by an order of a justice of the Supreme Court or a judge of the county court of the county in which either the bride or groom resides. If either person is under 16 years of age, the order must be from the Family Court judge of the county in which the person under 16 years of ages resides.

5. How long is the license valid?: A marriage license is valid for 60 days, beginning the day after it is issued.

6. What about the ceremony?: There is no particular form or ceremony required except that the parties must state in the presence of an Officiant and at least one other witness that each takes the other as his or her spouse.
There is no minimum age for a witness. However, in selecting a witness, choose at least one person who you feel would be competent to testify in a court proceeding as to what he or she witnessed.

7. What are the age requirements?: The age of consent is 18 years of age. Any minor less than 18 years of age but at least 17 years of age requires the approval of both parents (or one parent if other conditions are met) and written approval of a justice of the supreme court or of a judge of the family court having jurisdiction over the town in which the application is being made.

8. Where can a marriage take place?: A New York State marriage license may be used within New York State only.

9. Where do you get a marriage license?: A couple who intends to be married in New York State must apply in person for a marriage license to any town or city clerk in the state. The application for a license must be signed by both parties in the presence of the Town or City Clerk.