Note: In the Town of West Seneca, Marriage Licenses are issued Monday through Friday between 8:00 AM - 4:30 PM (4:00 PM July - August) daily and 8:00 AM - 6:30 PM on Wednesday evenings.
Where do you apply for a Marriage License?
Any couple that plans to be married in New York must apply for a Marriage License in New York State. You may obtain your license at the West Seneca Town Clerk's Office or from any town or city clerk in the state.
The application for a marriage license must be signed both by 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.
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 my 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.
When issued, how long is the license valid?
The marriage license is valid for sixty (60) days, beginning the day after it is issued.
What is the cost of the license?
The cost of the license in West Seneca is $ 40.00.
The fee includes the issuance of a Certificate of Marriage Registration. This certificate is automatically sent by the issuing clerk to the applicants approximately 15-20 days after the completed license is returned by the Officiant (the person
who performs the marriage ceremony). It serves as notice that a record of the marriage is on file. Married 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.
Is a premarital physical exam or blood test required for marriage?
No premarital examination or blood test is required to obtain a marriage license in New York State.
Who can get married?
- If either applicant is under 14 years of age, a marriage license cannot be issued.
|
- If either applicant is 14 or 15 years of age, such applicant(s) must present the written consent of both parents and a justice of the Supreme Court or a judge of the Family Court having jurisdiction over the town or city in which the application is made.
|
- If either applicant is 16 or 17 years of age, such applicant(s) must present the written consent of both parents.
|
- If applicants are 18 years of age or older, no consents are required.
|
One parent alone may consent to a minor's marriage if:
- the other parent has been missing for one year preceding the application;
|
- the parents are divorced and the consenting parent was given sole custody of the child when the divorce decree was awarded;
|
- the other parent has been judged incompetent; or
|
- the other parent is deceased.
|
Parents, guardians or other people consenting to the marriage of a minor must personally appear and acknowledge or execute their consent before the town or city clerk or some other authorized official. If the notarized affidavit is made before an official outside
of the State of New York, it must be accompanied by a certificate of authentication when the consent is filed in New York State.
Do I need proof of age?
Yes, both applicants must submit documentary proof of age. The Town Clerk's office will need to see a current driver's license and a certified copy of a Birth Certificate.
If a Birth Certificate is not available, the Town Clerk will accept a Baptismal or other Church record established by one year of age. Other acceptable documents to support information include; Non-driver's License I.D., Passport,
Naturalization papers, or Military I.D. card.
No other type of proof, such as a statement by parents, may be accepted.
Are there Familial Restrictions?
In New York State, a marriage may not take place between an ancestor and descendant, a brother and sister (full or half blood), an uncle and niece or an aunt and nephew, regardless of whether or not these persons are legitimate or illegitimate offspring.
What about Previous Marriages?
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 will require a certified copy of the decree of divorce or a certificate of dissolution of marriage. In the case of multiple divorces, only the documentation for the last divorce will be required. However, you must still provide the dates of any previous divorce(s) and against whom the divorce was granted.
If a marriage ended with the death of a spouse, the date of death will be required.
What are my Surname Options?
Every person has the right to adopt any name by which he or she wishes to be known simply by using that name consistently and without intent to defraud.
A person's last name (surname) does not automatically change upon marriage, and neither party to the marriage is required to change his or her last name. The bride and groom need not take the same last name.
One or both parties to a marriage may elect to change the surname by which he or she wishes to be known after the marriage by entering the new name in the appropriate space provided on the marriage license. The new name must consist of one of the following options:
- the surname of the other spouse;
|
- a name combining into a single surname all or a segment of the premarriage surname or any former surname of each spouse;
|
- a combination name separated by a hyphen, provided that each part of such combination surname is the premarriage surname, or any former surname, of each of the spouses.
|
The use of this option will provide a record of your change of name. The marriage certificate, containing the new name, if any, is proof that the use of the new name, or the retention of the former name, is lawful. The local Social Security Administration office should be contacted so that its
records and your social security identification card reflect the name change. There is no charge for this service.
Whether you decide to use or not use this option at the time of your marriage license application, you still have the right to adopt a different name through usage at some future date.
However, your marriage license cannot be changed to record a surname you decide to use after your marriage.
Where can a marriage take place?
A New York State marriage license may be used within New York State only.
What about the ceremony?
There is no particular form or ceremony required except that the parties must state in the presence of an authorized member of the clergy or public official and at least one witness that they take each other as husband and wife.
There is no minimum age for a witness. However, in selecting a witness, choose at least one person who you feel would be competent to testify in a court proceeding as to what he or she witnessed.
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 mayor of a city or village;
|
- the city clerk or one of the deputy 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 NYS Court of Appeals, the Appellate Division of the NYS Supreme Court, the NYS 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 authorized by a spiritual group to preside over their spiritual affairs;
|
- other officiants as specified by Section 11 of the Domestic Relations Law.
|
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.
Ship captains are not authorized to perform ceremonies in New York State.
What do you need to know about Social Security?
If you plan to use your married name at work, be sure to have your name changed in Social Security records. This way, you will get credit for all your earnings. It's easy and it's absolutely free. Contact any Social Security office. Look in the telephone book
for the address and phone number. You will need documentary evidence showing both your old name and your new name.
Where do you get copies of records?
For copies of marriage licenses issued anywhere in New York State, except New York City, a certified copy of the marriage record may be obtained from the town or city clerk who issued the license, not where you were married, but where you received your license. If your license
was issued by the West Seneca Town Clerk's office, you would contact the Town Clerk for a certified copy. The fee for the copy is $10 if you obtained from the town or city clerk who issued the license. You may also obtain copies by contacting the New York State Department of Health. For a certified copy, write to:
