N.Y. Dom. Rel. Law § 13-b
Time within which marriage may be solemnized
Redline — January 1, 2022 → current.View current text →
Current — January 1, 2024
As of January 1, 2022
§ 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 the judge of the family\ncourt of such county, if it shall appear from an examination of the\nlicense and any other proofs submitted by the parties that one of the\nparties is in danger of imminent death, or by reason of other emergency\npublic interest will be promoted thereby, or that such delay will work\nirreparable injury or great hardship upon the contracting parties, or\none of them, may, make an order authorizing the immediate solemnization\nof the marriage and upon filing such order with the clergyman or\nmagistrate performing the marriage ceremony, or if the marriage is to be\nsolemnized by written contract, with the judge before whom the contract\nis acknowledged, such clergyman or magistrate may solemnize such\nmarriage, or such judge may take such acknowledgment as the case may be,\nwithout waiting for such three day period and twenty-four hour period to\nelapse. The clergyman, magistrate or judge must file such order with the\ntown or city clerk who issued the license within five days after the\nmarriage is solemnized. Such town or city clerk must record and index\nthe order in the book required to be kept by him or her for recording\naffidavits, statements, consents and licenses, and when so recorded the\norder shall become a public record and available in any prosecution\nunder this section. A person who shall solemnize a marriage in violation\nof this section shall be guilty of a misdemeanor and upon conviction\nthereof shall be punished by a fine of fifty dollars for each offense,\nand in addition thereto, his or her right to solemnize a marriage shall\nbe 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.