Beware of "wedding officiants" who claim to be "licensed in all 50 states" to perform marriages. Each state has different laws regarding wedding officiants, and an "on-line" or "mail-order" ordination is not valid in many.
A wedding can be officiated in NY State by a member of the clergy of any faith or religion. However, precedent has been set in NY State Supreme Court* determining that marriages can be ruled invalid unless the member of the clergy officiating presides over the assembly of a congregation which regularly meets within NY State. In these cases, the court ruled that internet or mail order ordination alone is not adequate to fulfill the legal requirement enabling an individual to officiate a marriage ceremony. Pastor Jack meets all requirements established by law, has years of experience performing weddings, and is able to provide you with the ceremony you want and that reflects who you are.
The couple must provide Pastor Jack with a valid NY State Marriage License in their name prior to the ceremony. NY State law prohibits any officiant from performing a wedding for a couple without a valid NY State Marriage License. Pastor Jack suggests that you procure your license about one month (no more than 60 days) before your ceremony date if possible.
The Marriage License
(information from the NY State Health Services web site)
Where do you get one?
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 the bride and groom in the presence of the town or city clerk. A representative cannot apply for the license on behalf of the bride or groom. This applies even if the representative has been given the Power of Attorney. Notarized marriage license affidavits signed by the bride or groom cannot be substituted for their personal appearance.
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 age resides.
How long is the license valid?
A marriage license is valid for 60 days, beginning the day after it is issued.
How much does it cost?
If the marriage license is issued by a town or city clerk in New York State outside of New York City, it costs $40. This fee includes the issuance of a Certificate of Marriage Registration. This certificate is automatically sent by the issuing clerk to the applicants within 15 days after the completed license is returned by the officiant (person who performs the marriage ceremony). It serves as notice that a record of the marriage is on file. Couples who do not receive a Certificate of Marriage Registration within four weeks of the wedding should contact the town or city clerk who issued the license.
Proof of Age and Identity
A person is required to establish proof of age and identity by submitting to the issuing clerk one of the following age related documents:
1. Birth Certificate
2. Baptismal record
3. Naturalization record
4. Census record
And one of the following identity related documents:
1. Driver's license
2. Passport
3. Employment picture ID
4. Immigration record
Information regarding previous marriages must be furnished in the application for a marriage license. This includes whether the former spouse or spouses are living, and whether the applicants are divorced and, if so, when, where and against whom the divorce or divorces were granted. The clerk issuing the marriage license may require a certified copy of the Decree of Divorce or a Certificate of Dissolution of Marriage for previous marriages.
* Ranieri v Ranieri and Ravenal v Ravenal. Although government can make no law respecting the establishment of a religion or prohibiting the free exercise thereof, it can regulate the agency of the state as represented by said members of clergy. These decisions do not infringe upon freedom of religion. They safeguard the appointment of agents of the state and the authority and responsibility held therein.
