N.Y. Dom. Rel. Law § 13-b
Time within which marriage may be solemnized
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2024
As of January 1, 2018
§ 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
§ 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 ten of the veterans' services law. Every license to\nmarry hereafter issued by a town or city clerk, in addition to other\nrequirements specified by this chapter, must contain a statement of the\nday and the hour the license is issued and the period during which the\nmarriage may be solemnized. It shall be the duty of the clergyman,\nmagistrate, or one-day marriage officiant, as designated by a town or\ncity clerk pursuant to section eleven-d of this article, performing the\nmarriage ceremony, or if the marriage is solemnized by written contract,\nof the judge before whom the contract is acknowledged, to annex to or\nendorse upon the marriage license the date and hour the marriage is\nsolemnized. A judge or justice of the supreme court of this state or the\ncounty judge of the county in which either party to be married resides,\nor the judge of the family court of such county, if it shall appear from\nan examination of the license and any other proofs submitted by the\nparties that one of the parties is in danger of imminent death, or by\nreason of other emergency public interest will be promoted thereby, or\nthat such delay will work irreparable injury or great hardship upon the\ncontracting parties, or one of them, may, make an order authorizing the\nimmediate solemnization of the marriage and upon filing such order with\nthe clergyman, magistrate, or one-day marriage officiant performing the\nmarriage ceremony, or if the marriage is to be solemnized by written\ncontract, with the judge before whom the contract is acknowledged, such\nclergyman, magistrate or such one-day marriage officiant may solemnize\nsuch marriage, or such judge may take such acknowledgment as the case\nmay be, without waiting for such three day period and twenty-four hour\nperiod to elapse. The clergyman, magistrate, judge, or such one-day\nmarriage officiant, as designated by a town or city clerk pursuant to\nsection eleven-d of this article, must file such order with the town or\ncity clerk who issued the license within five days after the marriage is\nsolemnized. Such town or city clerk must record and index the order in\nthe book required to be kept by him or her for recording affidavits,\nstatements, consents and licenses, and when so recorded the order shall\nbecome a public record and available in any prosecution under this\nsection. A person who shall solemnize a marriage in violation of this\nsection shall be guilty of a misdemeanor and upon conviction thereof\nshall be punished by a fine of fifty dollars for each offense, and in\naddition thereto, his or her right to solemnize a marriage shall be\nsuspended 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.