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N.Y. Dom. Rel. Law § 13-b

Time within which marriage may be solemnized

Showing this section's text as in effect on January 1, 2018 (in force January 1, 2018 – January 1, 2022). View current text →

§ 13-b. Time within which marriage may be solemnized. A marriage shall\nnot be solemnized within twenty-four hours after the issuance of the\nmarriage license, unless authorized by an order of a court of record as\nhereinafter provided, nor shall it be solemnized after sixty days from\nthe date of the issuance of the marriage license unless authorized\npursuant to section three hundred fifty-four-d of the executive law.\nEvery license to marry hereafter issued by a town or city clerk, in\naddition to other requirements specified by this chapter, must contain a\nstatement of the day and the hour the license is issued and the period\nduring which the marriage may be solemnized. It shall be the duty of the\nclergyman or magistrate performing the marriage ceremony, or if the\nmarriage is solemnized by written contract, of the judge before whom the\ncontract is acknowledged, to annex to or endorse upon the marriage\nlicense the date and hour the marriage is solemnized. A judge or justice\nof the supreme court of this state or the county judge of the county in\nwhich either party to be married resides, or if such party is at least\nseventeen years of age, the judge of the family court of such county, if\nit shall appear from an examination of the license and any other proofs\nsubmitted by the parties that one of the parties is in danger of\nimminent death, or by reason of other emergency public interest will be\npromoted thereby, or that such delay will work irreparable injury or\ngreat hardship upon the contracting parties, or one of them, may, upon\nmaking written affirmative findings under subdivision three of section\nfifteen of this article, make an order authorizing the immediate\nsolemnization of the marriage and upon filing such order with the\nclergyman or magistrate performing the marriage ceremony, or if the\nmarriage is to be solemnized by written contract, with the judge before\nwhom the contract is acknowledged, such clergyman or magistrate may\nsolemnize such marriage, or such judge may take such acknowledgment as\nthe case may be, without waiting for such three day period and\ntwenty-four hour period to elapse. The clergyman, magistrate or judge\nmust file such order with the town or city clerk who issued the license\nwithin five days after the marriage is solemnized. Such town or city\nclerk must record and index the order in the book required to be kept by\nhim or her for recording affidavits, statements, consents and licenses,\nand when so recorded the order shall become a public record and\navailable in any prosecution under this section. A person who shall\nsolemnize a marriage in violation of this section shall be guilty of a\nmisdemeanor and upon conviction thereof shall be punished by a fine of\nfifty dollars for each offense, and in addition thereto, his or her\nright to solemnize a marriage shall be suspended for ninety days.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.