Marriage License

Applying for a Marriage License:

A couple who intends to be married in NYS must apply in person for a marriage license to any town clerk or city clerk in the state.

Getting a license at the Town of Hamilton:

Licenses are done by appointment at the Town Hall located at 38 Milford Street, Hamilton, NY 13346 and take about 30 minutes. Call 315-824-3380 to schedule.

Costs: $40.00 Application Fee.

Fee includes the issuance of a Certificate of Marriage Registration. This certificate is automatically sent by the issuing clerk to the applicants within 15 calendar days after the completed license is returned by the officiant (person who performs the marriage ceremony). It serves as notice that record of the marriage is on file. Couples should contact the clerk if they have not received a Certificate of Marriage Registration within four (4) weeks of the wedding.

There is a 24-hour waiting period after receiving the license before a couple can marry and the license is valid for 60 calendar days beginning the day after it is issued.

Requirements:

• Both parties to the marriage must be present.
• 18 years of age.
• Both must provide proof of Age and Identity
  • Both parties must present certified copies of birth certificates. (photo copies are not acceptable.) Alternate documents include Baptismal record, Naturalization record, Census record.
    • If the Birth Certificate is not in English, an official transcript translating the document will be necessary.
  • Both Parties must present a Driver’s License. Alternate documents include a Passport or Employment Picture ID or Immigration Record.
• Any previous marriages? Original or certified divorce decrees of all marriages must be presented to the clerk OR in cases where spouse is no longer living, a certificate of death.
• No premarital physical or blood test is required.

Where can a marriage take place?

A NYS marriage license may be used within NYS only.

Who can perform a marriage ceremony?

To be valid, a marriage ceremony must be performed by any of the individuals specified in Section 11 of the New York State Domestic Relations Law. These include:

• The current or a former governor;
• the mayor of a city or village;
• the former mayor, the city clerk or one of the deputy city clerks of a city of more than one million inhabitants;
• a marriage officer appointed by the town or village board or the city common council;
• a justice or judge of the following courts: the U.S. Court of Appeals for the Second Circuit, the U.S. District Courts for the Northern, Southern, Eastern or Western Districts of New York, the New York State Court of Appeals, the Appellate Division of the New York State Supreme Court, the New York State Supreme Court, the Court of Claims, the Family Court, a Surrogates Court, the Civil and Criminal Courts of New York City (including Housing judges of the Civil Court) and other courts of record;
• a village, town or county justice;
• a member of the clergy or minister who has been officially ordained and granted authority to perform marriage ceremonies from a governing church body in accordance with the rules and regulations of the church body;
• a member of the clergy or minister who is not authorized by a governing church body but who has been chosen by a spiritual group to preside over their spiritual affairs;
• other officiants as specified by Section 11 of the Domestic Relations Law.
• Ship captains are not authorized to perform marriage ceremonies in New York State.
• In City of NY: The person performing the ceremony must be registered with the City of New York in order to perform a ceremony within the New York City limits. The officiant does not have to be a resident of New York State.

For additional information, go to: https://www.health.ny.gov/publications/4210/