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DRL 13 – Domestic Relations Law 13

DRL 13

DRL 13
Domestic Relations Law 13

It shall be necessary for all persons intended to be married in New York state to obtain a marriage license from a town or city clerk in New York state and to deliver said license, within sixty days, to the clergyman or magistrate who is to officiate before the marriage ceremony may be performed.  In case of a marriage contracted pursuant to subdivision four of section eleven of this chapter, such license shall be delivered to the judge of the court of record before whom the acknowledgment is to be taken.  If either party to the marriage resides upon an island located not less than twenty-five miles from the office or residence of the town clerk of the town of which such island is a part, and if such office or residence is not on such island such license may be obtained from any justice of the peace residing on such island, and such justice, in respect to powers and duties relating to marriage licenses, shall be subject to the provisions of this article governing town clerks and shall file all statements or affidavits received by him while acting under the provisions of this section with the town clerk of such town.  No application for a marriage license shall be denied on the ground that the parties are of the same, or a different, sex.

N.Y. C.P.L.R. Law § 4401 (Consol., Lexis Advance)

Where alleged widow brings proceeding in Surrogate’s Court to establish her right of inheritance to real property owned by her deceased husband her admission in her bill of particulars that no marriage was solemnized as required by Domestic Relations L. § 13, establishes that she is not lawful surviving spouse and so has no standing to bring proceedings and motion for judgment on pleadings and admissions was granted. In re Rizzo’s Estate, 154 N.Y.S.2d 691 (N.Y. Sur. Ct.), aff’d, 2 A.D.2d 993, 158 N.Y.S.2d 90, 1956 N.Y. App. Div. LEXIS 3391 (N.Y. App. Div. 2d Dep’t 1956).

DRL 13-A
Domestic Relations Law 13-A

1. On and after the effective date of this act,  1 such test as may be necessary shall be given to each applicant for a marriage license who is not of the Caucasian, Indian or Oriental race for the purposes of discovering the existence of sickle cell anemia and notifying the applicant of the results of such test.

2. No application for a marriage license shall be denied solely on the ground that such test proves positive, nor shall the absence of such test invalidate a marriage.

3. The provisions of this section shall not apply to any person who refuses to take such test because of his religious beliefs.

1 NY Civil Practice: Family Court Proceedings § 3.04

While consideration of statutory qualifications to marry are necessary in order for Family Court to determine validity of a marriage for support purposes, the Domestic Relations Law also imposes several procedural requirements on the act of marriage. 

A marriage license must be obtained from a city or town clerk in the state and the ceremony itself must occur within 60 days of the issuance of the license. Black and Hispanic applicants must provide the issuing authority with the results of a test for sickle cell anemia although a positive result will not result in a denial of the marriage license. 

The clerk is also required to provide the applicants with information about rubella and the thalassemia trait, a genetic trait for a group of blood disorders. The marriage must be solemnized by a person authorized by statute to perform a marriage ceremony.

DRL 13-B
Domestic Relations Law 13-B

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 if such party is at least seventeen 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, upon making written affirmative findings under subdivision three of section fifteen of this article, 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.

Devorah H. v. Steven S., 2015 NY Slip Op 25228, ¶¶ 9-10, 49 Misc. 3d 630, 644-45, 12 N.Y.S.3d 858, 868 (Sup. Ct.)

Here, the parties were not afforded any time to consider the gravity and importance of marrying one another. Neither party disputes that the purpose of meeting with the rabbi was to acquire a larger apartment, not to wed. 

Once there, the rabbi decided “on the spot” that they should be married, so witnesses were hurriedly recruited and either a ring or a bracelet was produced from the rabbi’s desk drawer. It was done with such swiftness that the rabbi neglected to fully fill out the rabbinical registration form or sign it. 

The fact that the marriage ceremony occurred at warp speed, without a license, and in violation of New York’s mandatory “twenty-four hour waiting period,” makes it difficult to find that there was meaningful consent to the marriage, especially on the part of defendant, who vehemently denies ever having agreed to legally wed plaintiff.

DRL 13-D
Domestic Relations Law 13-D

1. It shall be the duty of each town and each city clerk or duly authorized deputy acting in the clerk’s stead, upon the issuance of a marriage license to display to the parties a typed or printed statement containing substantially the same following information:
Rubella, also known as ‘German measles’, is a common childhood disease. It is usually not serious to children who contract it themselves, but can be a tragic crippler of unborn babies if transmitted to pregnant women.
Rubella infection poses a grave threat to the unborn child, especially during the first four months of pregnancy. It can lead to miscarriage, stillbirth, or one or all of the tragic defects such as deafness, blindness, crippling congenital heart disease, developmental disability and muscular and bone defects.
In order to be immune to rubella, one must either receive the rubella vaccine or actually have had the disease. To see whether you are susceptible to rubella, you can get a blood test from your doctor. Even more important is the availability of a rubella vaccine which will prevent you from ever contracting the disease.
In order to protect yourself, your family, and your friends, please take steps to prevent the tragic effects of rubella. Please contact your family doctor, health care provider, public health facility or clinic for further information.
2. It shall also be the duty of each town and city clerk or duly authorized deputy acting in the clerk’s stead to provide to each applicant for a marriage license information regarding the Thalassemia Trait. The department of health shall prepare information, including but not limited to, the blood disorder Thalassemia Trait and other inherited conditions affecting the population of New York state.
3. No cause of action for damages shall arise in favor of any person or person yet to be born by reason of any failure to comply with the provisions of this section.
Devorah H. v. Steven S., 2015 NY Slip Op 25228, ¶ 1 n.2, 49 Misc. 3d 630, 632, 12 N.Y.S.3d 858, 860 (Sup. Ct.)
According to Domestic Relations Law § 13, (“Marriage licenses”) that states “It shall be necessary for all persons intended to be married in New York state to obtain a marriage license from a town or city clerk in New York state”. See also Domestic Relations Law § 13-b (“Time within which marriage may be solemnized”); Domestic Relations Law § 13-d (“Duty of clerk issuing marriage license”); Domestic Relations Law § 14 (“Town and city clerks to issue marriage licenses; form”); Domestic Relations Law § 15 (“Duty of town and city clerks”); see also Marriage Bureau, Office of the Clerk of the City of New York, http://www.cityclerk.nyc.gov/html/marriage/license.shtml (“All persons who intend to get married in New York State must obtain a Marriage License”).

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