New York City Same Sex Marriage Lawyer
The New York State Legislature finally passed the Marriage Equality Act. As of July 24, 2011, County Clerks throughout New York will begin issuing marriage licenses and providing civil marriage ceremonies to Gay and Lesbian couples.
All persons who intend to get married in New York State must obtain a Marriage License beforehand.
Fee
The fee for a Marriage License is $35, which must be paid by credit card or money order payable to the County Clerk. Cash is not accepted.
Duration of the Marriage License
A New York State Marriage License is valid for 60 days (except for active military personnel, for whom the validity runs for 180 days). A Marriage License issued in New York can be used anywhere within New York State but may not be used outside New York State.
Application Procedure
Listed below are the general steps and rules of the application process.
- You can submit an application online to the Office of the County Clerk. After submitting your application online, you still must appear at the Office of the County Clerk to complete your application.
- You and your prospective spouse must appear together in person to apply for a Marriage License.
- Proxy marriage is not permitted in New York, so no other party may apply on behalf of the bride or groom.
- You will receive the application from the information desk and you must complete the application in the County Clerk's office.
- Your Marriage License will be processed while you wait.
- You should carefully read your Marriage License to make sure there are no mistakes.
- You will take the Marriage License with you when you leave the County Clerk's office.
It is important to note that you must generally wait 24 hours before your Marriage Ceremony can be performed.
Required Information
Listed below is the information you will need to fill out the Marriage License Application:
- The application is an affidavit where you and your prospective spouse must list your name; current address; city, state, ZIP code and country; country of birth; date of birth; name and country of birth of your father and mother; Social Security number; and marital history.
- When you sign the affidavit, you are making a sworn statement that there are no legal impediments to the marriage.
- If you were married before, you must list all prior marriages. You must include your previous spouse's full name; the date the divorce decree was granted; and the city, state, and country where the divorce was issued.
- All divorces, annulments, and dissolutions must be finalized before you apply for a new Marriage License.
- You may be asked to produce the final divorce decree.
- If you are a widow or widower, you must provide your deceased spouse's full name and date of death.
Proper Identification
You and your prospective spouse must have proper identification in order to apply for a Marriage License, such as a passport or driver's license.
Blood Test Not Required
A blood test is not required to obtain a Marriage License in the State of New York.
Prenuptial Agreements for Gay & Lesbian Couples
Prenuptial Agreements are not just for the rich or heterosexual couples anymore. As you are making your wedding plans, there are many practical matters that must be considered before you walk down the aisle. The attorneys at The Mandel Law Firm will knowledgeably and sensitively guide you through the process of creating a prenuptial agreement to serve your specific needs. Cautious couples are using these agreements to protect themselves from a spouse's debts, to protect a family business, to provide for children from other relationships, to limit or expand possible inheritance rights, to identify assets that are will be considered "separate" or "marital" in nature, and in other words establish what will happen in the event of a divorce.
Estate Planning
Even if a same-sex couple is legally married in New York State, because of the Defense of Marriage Act (DOMA) they are denied many important estate planning rights by federal law, such as the unlimited marital deduction on federal estate taxes. The lawyers at The Mandel Law Firm understand these changing laws and know how best to advise you so that your assets, and your loved ones, may be best protected.
An old Chinese proverb sums it up best by stating: "We live in interesting times." We certainly do! The attorneys at The Mandel Law Firm have been at the forefront of LGBT issues and celebrate the passage of New York State's Marriage Equality Act.
Schedule Your Consultation Today
Contact us online or by telephone at (212) 697-7383 to speak with a New York City lawyer experienced in LGBT same-sex marriage issues to learn how to best make this new and exciting law work for you.
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