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New York Domestic Relations Law Section 13-b - Time Within Which Marriage May Be Solemnized.Legal Research Home > New York Lawyer > Domestic Relations > New York Domestic Relations Law Section 13-b - Time Within Which Marriage May Be Solemnized.
§ 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-c 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 if such party is under
sixteen years of age, 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 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 right to solemnize a marriage shall be suspended for ninety days.
Last modified: July 31, 2006 |