A marriage license cannot be issued if either applicant is under 14 years of age. If either applicant is 14 or 15 years of age, such applicant(s) must present the written approval and consent of 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 applicants(s) must present the written consent of both parents. If both 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
- The other parent is deceased
Parents, guardians or other persons 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.
A marriage may not take place in New York State between an ancestor and descendant, a brother and sister (full or half-blood), and uncle and niece or an aunt and nephew, regardless of whether or not these persons are legitimate or illegitimate offspring.
If you've been married before, 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 persons. If they are divorced, this includes when, where and against whom the divorce or divorces were granted. A certified copy of the Decree of Divorce or a Certificate of Dissolution of Marriage is required by the clerk issuing the marriage license.
For more information, contact the town clerk's office at (716) 877-8800 ext. 810.