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Cost of a marriage license is $40.00. Any couple wishing to be married in New York State, must apply for the marriage license from any town or city in New York State. The prospective bride and groom must both be present to sign the application. A representative cannot not apply for a license on behalf of the bride or groom.

Waiting Period:

The marriage license is issued immediately, but the ceremony cannot take place withing 24 hours from the exact time the license was issued. The license is valid for sixty days. When both applicants are 16 years of age or older, the waiting period can be waived by an order from a Supreme Court Justice or a judge of the County court in which the bride or groom resides.

Both applicants must submit proof of age. The City Clerk's Office will need to see a current driver's lciense and a certified birth certificate. If a birth certificate is not available, a baptismal or other church record established by one year of age. Other acceptable doments to support information include: non driver's license, passposrt, naturalization papers, or military id card.

Previous Marriages:

Information regarding previous marriages must be furhished in the application for a mariage license. This includes wheter the former spouse is living and where the applicants are divorced. If so, when, where and against whom the divorce or divorces were granted. We require a certified copy of the divorce or divorces degrees or a certificate of the dissolution of the previous marriage(s). In the case of multiple divources, 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 the marriage ended with the death of a spouse, the date of death is required and a copy of the death certificate.

Age Requirements for minors:

No premarital examination or blood test is required in New York State.

If either applicant is under the age of 14 years old, a marriage license cannot be issued.

If either applicant is 14 or 15 years of age, they must present the written consent of both parents and a Supreme Court or Family Court judge who has jurisdiction over the City of Lackawanna. Parents must be present at the application of the license. ***

If either applicant is 16 or 17 years old, such applicant must present the written consent of both parents. Parents must be present at the application for the license.***

No consents required for applicants over the age of 18 years of age.

***One parent alone may consent to a minor's marriage if:

( a.) The other parent has been missing for one year preceding the application.

( b.) The parents are divorced and the consenting parent was given sole custody of the child when the divorce degree was issued (must present the degree)

( c.) The other parent has been judged incompetent or 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 city clerk or other authorized official. If the notorized affidavit is made before an official outside of the state of New York, it must be accompanied by a certificate of authentification when the consent is filed in NYS.

Surname Options:

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 as 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 ooption 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 CAN NOT BE CHANGED TO RECORD A SURNAME YOU DECIDE TO USE AFTER YOUR MARRIAGE.

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 court proceeding as to what he or she witnessed.

Who can perform a marriage ceremony:

A marriage ceremony must be performed by any of the individuals specified in Section 11 of the NYS Domestic Relations Law. These include:

* Mayor of a city or village.

* Marriage Officer appointed by the City Council.

* Justice or Judge of the following courts: Us Court of Appeals for the Second Circuit, US District Courts for the northern, southern, eastern or western districts of NY, 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 NYC and other courts of record.

* 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.

* 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 NYS 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 NYC 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

Regarding Social Security:

If you plan to your your married name at work, be sure to have your name changed in the Social Security records. This way, you will get credit for all you earnings. It is easy and it's free. Contact any Social Security office. You will need documentary evidence to show both your old and new name.

Copies of Marriage Licenses:

For copies of marriage licenses issued anywhere in NYS, except NYC, a certified copy of the marriage record an be obtained from the town or city who issued the license. It is not recorded in the city/town in which you were married, but the city/town who issued the license. If your license was issued in the City of Lackawanna, you would contact the Vital Records department within the City of Lackawanna ( 716-827-6431). The fee for a copy of the marriage certificate is $10.00. To obtain a copy via mail, enclose the following:

Name of bride (with previous surname), name of groom, date of marriage, copy of driver's license for identification and a $10 postal or money order made out to "Lackawanna Vital Records". Mail this request to:

City Clerk Office, Vital Records, 714 Ridge Road, Room 215, Lackawanna, New York 14218. We issue and mail your request, the day they are received by the Postal Service.

Copies can also be obtained from the NYS Department of Health, Vital Records Section, Empire State Plaza, Albany, New York 12237-0023.

The bride and groom must apply in person, together. You must bring in a copy of your birth certificate and valid driver's license.