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New York Marriage Records

New York marriage records are official documentation of a legally recognized marriage within the state. These records, which include marriage licenses and certificates, are essential for various legal purposes, such as obtaining passports, changing names, or proving eligibility for certain benefits. They also provide valuable information for demographic studies and genealogical research.

Marriage licenses must be obtained from a town or city clerk before a marriage ceremony in New York. After the ceremony, the officiant returns the completed license to the clerk's office, which then issues a marriage certificate as legal proof of the union.

For a fee, certified copies of marriage records, excluding those from New York City, can be obtained from the clerk's office where the license was issued or from the New York State Department of Health. Requests for New York City records must be made directly to the office of the New York City clerk.

The New York State Department of Health also offers uncertified copies for genealogical research if the records are at least 50 years old and both spouses are deceased. The cost of obtaining marriage records varies depending on whether the certificate is for domestic or foreign use, and additional fees apply for services like obtaining an Apostille for international use. 

What are Marriage Records?

New York state marriage records are documents or records providing valid information that the couples named on the record are legally married in the state. A New York State marriage record may provide the following information:

  • The full name of the couple
  • The names of the parents of the couples
  • The dates of birth of the couple
  • The ages of the couple
  • The addresses of the couples
  • The locations of birth of the couples

New York marriage records are maintained for various purposes. The government keeps vital records that may be used for demographic purposes to understand population trends and marriage and divorce rates. They may also be used for genealogy research, helping individuals trace their family history. Individuals may request marriage records for legal documentation purposes to obtain a passport or visa, change their name, or prove eligibility for certain tax benefits. Also, a marriage record will be required in divorce proceedings to initiate the legal process.

Marriage records in New York State are typically in marriage licenses or marriage certificates. A marriage license is a document the municipal clerk issues before a ceremonial marriage. It is a required document for a marriage to occur in New York State. On the other hand, a marriage certificate is a legal document issued after the solemnization of the matrimony, serving as legal proof that a marriage occurred.

New York State marriage records are not entirely public. The New York State Department of Health provides access to uncertified copies of marriage certificates for genealogy research purposes if the records for those marriages are on file for a minimum of 50 years and both spouses named on the record are known to be deceased. However, this period is waived for direct-line descendants. The state defines a direct line descendant as a child, grandchild, or great-grandchild of the individual whose record is requested. Only spouses and persons who have obtained a New York State court order or have a documented judicial or other proper purpose may access certified marriage certificates.

Marriages in New York

In New York, the marriage rate as of 2022 was 6.3 per 1,000 inhabitants, with only 45.2% of the population being married. Among them, 47.8% are men, and 42.8% are women, compared to the U.S. median marriage rate of 48.1%. New Yorkers tend to marry later in life, with men marrying at an average age of 31.4 years and women at 29.7 years, both higher than the national average.

The average duration of marriages in New York is 20.2 years, slightly below the national average of 21 years. Marriages among Asian (55.4%) and White (49%) populations are the most common, while Black or African Americans have the lowest marriage rate at 28.3%. Interracial marriages make up 18% of all unions in the state.

The age at first marriage in New York is among the highest in the country, with 20% to 25% of marriages occurring between the ages of 20 and 34 for both men and women. By the age of 44, more than half of New York residents are married. Most women between 45-54 years old are married, and many men remain married after age 65. In 2022, Bronx County had the lowest marriage rate in the state, with only 32.3% of its residents being married, while Saratoga County had the highest, with 54.4% of its population married.

New York State has specific requirements for couples intending to get married. First, you must obtain a marriage license from any city or town clerk in the state. To obtain a marriage license, couples must complete an application signed by each of the parties within the presence of the town or city clerk. New York state does not allow a representative to apply on behalf of couples even if such a representative possesses a Power of Attorney for protection. Also, it's important to note that notarized marriage license affidavits that are signed by couples can not be used in place of making a personal appearance. Before completing the marriage license application, the couples must pay the $40 application fee, which also provides the issuance of a valid Certificate of Marriage Registration.

New York State has an age requirement for couples looking to get married. Marriages of minors less than the age of 18 are prohibited. Per state requirements, if either couple is not yet 18, a marriage license cannot legally be given out. Couples must present documentary evidence to the town or city clerk to prove that the age requirement is met. This evidence may be a passport, baptismal record, original or certified copy of birth record, certificate of birth provided from the State Department of Health, a driver's license, an immigration or naturalization record, or any other record issued by a governmental agency, showing the date of birth. Note that information about previous marriage must be provided within the marriage license application. No premarital assessment or blood test is necessary to get a New York State marriage license.

Although a New York State marriage license is issued immediately after completing an application for the license, couples must wait 24 hours from the exact time the license was issued before the marriage ceremony may occur. This waiting period may be waived by a justice or judge of the Supreme Court of the New York State or the count judge of the county in which either couple resides. The license is valid for 60 calendar days, beginning from the day of issuance. However, if a party to be married is in active U.S. military service, the solemnization period may be extended to 180 calendar days. Proof of being in active service must be provided to the issuing clerk when applying.

The marriage license issued by a town or city clerk in New York State may be used only within the state. Marriages held outside of the state cannot be filed within the confines of New York State. The state makes no specific requirement for the form or type of ceremony that may be held. However, the marriage ceremony must be held close to a public official with authorization or by a clergyman. A single witness must see the ceremony in its entirety. Although the New York State Department of Health recommends that witnesses be old enough to legally testify in court to witness the marriage, no minimum age is mandated for witnesses. The following categories of persons capable of performing a legal marriage ceremony in the state:

  • State's governor or a former governor
  • A previous mayor, a deputy city clerk of a city with more than 1 million residents, or a standard city clerk.The mayor of a village or city
  • A marriage officer selected by the board of a village or town or the common council of the city
  • One single  New York legislature member
  • A justice or judge of any of these courts below:
    • The US Second Circuit Court of Appeals
    • The United States District Courts located in the Eastern, Western, Northern, or Southern Districts within New York
    • The State Supreme Court (Appellate Division),
    • The State Supreme Court
    • The Family Court
    • A Surrogate's Court
    • The State Court of Appeals
    • The Court of Claims
    • Criminal and Civil Courts of New York City
    • Other courts of record
  • A town, county, or village justice
  • A minister or clergyman officially ordained and granted the authority from a church body to complete marriages ceremonially. 
  • A minister or clergyman selected by a spiritual sect to administer their spiritual activities.
  • Additional officiants, as stated in Section 11 of the Domestic Relations Law

If the marriage ceremony is scheduled for New York City, the officiant must be registered to work in New York City legally. However, the officiant does not have to be a New York State resident. Ship captains are not permitted to perform marriage ceremonies in the state.

New York State marriage laws allow couples who meet the state requirements for getting married to marry regardless of sex. Hence, applications may be made for marriage licenses regardless of whether couples are of the same or different sex. The Marriage Equality Act, signed by Governor M. Cuomo on June 24, 2011, ensures that no government treatment or legal status, right, effect, privilege, protection, benefit, or responsibility relating to marriage may differ based on the parties to the marriage being the same or different sex.

In addition, marriage is illegal in New York State if it is between an ancestor and descendant, siblings (full or half-blood), an aunt and niece or nephew, or an uncle and niece or nephew, regardless of whether or not the concerned parties are legitimate or illegitimate offspring.

Marriage rates in New York State have fluctuated in similar patterns to the divorce rates in the state. Over the past decade, New York's divorce rate has generally remained in the high 2s per 1,000 population, peaking at 2.9 in 2019 before decreasing in 2020. Historically, women in New York have initiated divorces more often than men, with the percentage of female filers rising from around 60% to 70% after the introduction of no-fault divorce in 2010, which made "irretrievable breakdown" the leading cause of divorce. Among ethnic groups, Native Hawaiians have the highest divorce rates in the state, while Asians have the lowest at 5.3%. Regular church attendance is associated with stronger marriages and a 47% reduced likelihood of divorce.

New York Marriage Certificate

A New York marriage certificate is an official document that serves as legal proof of a marriage between two individuals. Per Section 14 of the Domestic Relations Law of New York State, the marriage officiant must return the marriage license to the town or city clerk within five days of the marriage ceremony. Once the entire completed marriage license is returned to the office of the city or town clerk, the clerk will issue a marriage certificate, proving that the spouses are legally married. Typically, the marriage certificate is automatically mailed out within five business days after the completed license is returned to the office of the clerk by the marriage officiant. Spouses who have not received a marriage certificate within one month of their marriage ceremony may contact the town or city clerk's office.

New York State requires amendments to marriage certificates based on a gender change. Per Legislative Proposal #13-22, an amendment refers to the process of modifying a marriage certificate to reflect changes to name and gender identification. Section 20-C of the Amended Domestic Relations Law requires that a revised marriage certificate be issued to reflect a properly documented change in name or gender.

How To Find and Access New York Marriage Records

To obtain a certified copy of a marriage license issued anywhere in New York State, excluding New York City, you may request it from the town or city clerk's office where the license was initially issued or from the New York State Department of Health. It's important to note the fee to obtain a certified copy from the issuing town or city clerk is $10. For marriage licenses given out in New York City, cannot make your request to the Department of Health in New York State. Instead, you may apply directly to the City Clerk's office in New York k for a certified copy.

Also, the State Department of Health provides uncertified copies of marriage certificates on file for at least 50 years if both spouses on the record are deceased. However, the Department did not file marriage records for Buffalo, Yonkers, and Albany before January 1, 1914. You may contact the city clerk to obtain marriage records from these jurisdictions.

You may request a New York State marriage record online or offline.

Finding and Accessing New York Marriage Records Online

The Vital Records section of the New York State Department of Health partners with VitalChek, a third-party vendor, to allow eligible persons to order marriage certificates online. To order a New York State marriage certificate online, visit the VitalChek website. You will need to provide one copy of:

  • A driver's license
  • State-issued non-driver photo identification card
  • Passport
  • United States Military-issued photo identification

Or two of:

  • Utility or telephone bill
  • Letter issued by a government agency dated within the past six months

If you are applying for a New York State marriage certificate from a foreign country requiring a passport for travel, you must provide a copy of your United States passport in addition to the items requested above.

To order a New York State marriage certificate online, there is a $45 fee, exclusive of the vendor processing fee, per transaction (not per copy). Acceptable payment options include MasterCard, VISA, Discover, American Express, and ACH (Electronic Check).

If the record you want is for a marriage held within New York City, you may place an order for a copy of the record online. Note that this option is only available for records from 1950 to the present. Also, if you request a New York City marriage record online, you must still submit an application by mail or in person.

Finding and Accessing New York Marriage Records Offline

You can also order a New York State marriage certificate by mail. To do so, you must send a completed Application for Copy of Marriage Certificate (DOH 4382 form) and a personal check, postal money order, or certified check of $30 to:

New York State Department of Health

Vital Records Certification Unit

P.O. Box 2602

Albany, NY 12220-2602

To obtain an uncertified copy of a marriage certificate, submit a completed Application for Genealogical Services (DOH 4384 form) and the applicable fee (as indicated on the form) to: 

New York State Department of Health

Vital Records Section

Certification Unit

P.O. Box 2602

Albany, NY 12220-2602

The personal check, postal money order, or certified check must be made payable to "NYS Department of Health." If ordering from outside the United States, pay by a check drawn on a U.S. bank or by international money order. Cash is not accepted.

To request a New York City marriage record (1950-1995) in person, visit the Record Room Division of the Manhattan City Clerk's office at 141 Worth Street. However, you must schedule an appointment online before your visit. If the record you want is from 1996 to the present, visit any City Clerk borough office. Marriage records for New York City from 1866 to 1949 are available at DORIS, located at Room 103, 31 Chambers Street, New York.

The fee for a domestic marriage record (short certificate) is $15, with an additional $10 for each extra copy. For a marriage record intended for foreign use (extended certificate), the cost is $35 for the first copy and $30 for each additional copy. This fee covers the search and certification and includes a hand signature with a raised seal. If you require an Apostille (gold seal) on your extended certificate for foreign use, refer to the Apostille Document Authentication page on the New York City website for further information.

The applicable fee can be paid by credit card (VISA, MasterCard, AMEX, or Discover), debit card (MasterCard or VISA), or money order made out to the city clerk. Typically, the requested marriage record is made available on the same day if all required documentation is submitted.

If you prefer making your request by mail, submit the required payment, application form, documentation, and valid identification to:

City Clerk of New York

141 Worth Street

New York, NY 10013

Attn: Record Room

Payment may be made by U.S. postal money order, money order, or certified check made out to the "The City Clerk of New York." It takes up to 6 weeks for the requested record to be available. You may check the status of your marriage record copy by contacting the city clerk or calling (212) 639-9675 for assistance.

 

References

Counties in New York

List of Content

  1. What are Marriage Records?
    1. Marriages in New York
      1. New York Marriage Certificate
    2. How To Find and Access New York Marriage Records
      1. Finding and Accessing New York Marriage Records Online
      2. Finding and Accessing New York Marriage Records Offline