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This entry was published on 2021-08-27
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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 three hundred fifty-four-d of the executive 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 or magistrate 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 or
magistrate 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 or magistrate 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 or judge 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.