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This entry was published on 2023-04-07
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SECTION 13-B
Time within which marriage may be solemnized
Domestic Relations (DOM) CHAPTER 14, ARTICLE 3
§ 13-b. Time within which marriage may be solemnized. A marriage shall
not be solemnized within twenty-four hours after the issuance of the
marriage license, unless authorized by an order of a court of record as
hereinafter provided, nor shall it be solemnized after sixty days from
the date of the issuance of the marriage license unless authorized
pursuant to section ten of the veterans' services law. Every license to
marry hereafter issued by a town or city clerk, in addition to other
requirements specified by this chapter, must contain a statement of the
day and the hour the license is issued and the period during which the
marriage may be solemnized. It shall be the duty of the clergyman,
magistrate, or one-day marriage officiant, as designated by a town or
city clerk pursuant to section eleven-d of this article, performing the
marriage ceremony, or if the marriage is solemnized by written contract,
of the judge before whom the contract is acknowledged, to annex to or
endorse upon the marriage license the date and hour the marriage is
solemnized. A judge or justice of the supreme court of this state or the
county judge of the county in which either party to be married resides,
or the judge of the family court of such county, if it shall appear from
an examination of the license and any other proofs submitted by the
parties that one of the parties is in danger of imminent death, or by
reason of other emergency public interest will be promoted thereby, or
that such delay will work irreparable injury or great hardship upon the
contracting parties, or one of them, may, make an order authorizing the
immediate solemnization of the marriage and upon filing such order with
the clergyman, magistrate, or one-day marriage officiant performing the
marriage ceremony, or if the marriage is to be solemnized by written
contract, with the judge before whom the contract is acknowledged, such
clergyman, magistrate or such one-day marriage officiant may solemnize
such marriage, or such judge may take such acknowledgment as the case
may be, without waiting for such three day period and twenty-four hour
period to elapse. The clergyman, magistrate, judge, or such one-day
marriage officiant, as designated by a town or city clerk pursuant to
section eleven-d of this article, must file such order with the town or
city clerk who issued the license within five days after the marriage is
solemnized. Such town or city clerk must record and index the order in
the book required to be kept by him or her for recording affidavits,
statements, consents and licenses, and when so recorded the order shall
become a public record and available in any prosecution under this
section. A person who shall solemnize a marriage in violation of this
section shall be guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of fifty dollars for each offense, and in
addition thereto, his or her right to solemnize a marriage shall be
suspended for ninety days.