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DRL 14 – Domestic Relations Law 14

DRL 14

DRL 14
Domestic Relations Law 14

The town or city clerk of each and every town or city in this state is hereby empowered to issue marriage licenses to any parties applying for the same who may be entitled under the laws of this state to apply therefor and to contract matrimony, authorizing the marriage of such parties, which license shall be substantially in the following form:
State of New York
County of
City or town of
Know all men by this certificate that any person authorized by law to perform marriage ceremonies within the state of New York to whom this may come, he not knowing any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony between of in the county of and state of New York and of in the county of and state of New York and to certify the same to the said parties or either of them under his hand and seal in his ministerial or official capacity and thereupon he is required to return his certificate in the form hereto annexed. The statements endorsed hereon or annexed hereto, by me subscribed, contain a full and true abstract of all of the facts concerning such parties disclosed by their affidavits or verified statements presented to me upon the application for this license.
This certificate is to be returned addressed to the undersigned at ,
(Street)
(City, Town, Village)
In testimony whereof, I have hereunto set my hand and affixed the seal of said town or city at this day of nineteen , at m. Seal.
The form of the certificate annexed to said license and therein referred to shall be as follows:
I, . . .a. . . . ., residing at in the county of and state of New York do hereby certify that I did on this day of in the year, nineteen at m, at in the county of and the state of New York, solemnize the rites of matrimony between of in the county of and state of New York, and of in the county of and state of New York in the presence of and as witness, and the license therefor is hereto annexed.
Witness my hand in the county of this day of , nineteen .
In the presence of
There shall be endorsed upon the license or annexed thereto at the end thereof, subscribed by the clerk, an abstract of the facts concerning the parties as disclosed in their affidavits or verified statements at the time of the application for the license made in conformity to the provisions of section fifteen of this chapter.
There shall also be stated upon the license the exact period during which the marriage may be solemnized.
The license issued, including the abstract of facts, and the certificate duly signed by the person who shall have solemnized the marriage therein authorized, shall be returned by him, and where the marriage is solemnized by a written contract, the judge before whom acknowledgment is made shall forward such contract and marriage license to the office of the town or city clerk who issued the license within five days succeeding the date of the solemnizing of the marriage therein authorized and any person or persons who shall wilfully neglect to make such return within the time above required shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars or more than fifty dollars for each and every offense.
When a marriage is solemnized by a city, town or village justice outside of the territorial jurisdiction in which such justice was elected or appointed, as provided in subdivision six of section eleven of this chapter, there shall be affixed to such license prior to filing, the official or common seal of the court or of the municipality in which such justice was elected or appointed.
_____________________________________________________________________________
Authority to Issue Marriage Licenses: The town or city clerk of each town or city in New York is granted the authority to issue marriage licenses to eligible parties who wish to marry under the state’s laws.
License Form: The marriage license is described in the text and is intended to contain specific information about the parties involved, the date and location of the marriage, and the officiant’s details.
Officiant’s Role: Any person authorized by law to perform marriage ceremonies in New York can solemnize the marriage between the parties mentioned in the license. They must then certify the marriage and return the certificate to the town or city clerk.
Certificate Return: The officiant is required to return the marriage certificate, including an abstract of the facts concerning the parties, to the clerk within a specified period (usually within five days after solemnizing the marriage). Failure to do so is considered a misdemeanor and is subject to fines.
Sealing by Justices: If a marriage is solemnized by a city, town, or village justice outside of their territorial jurisdiction, the official or common seal of the court or municipality in which the justice was elected or appointed must be affixed to the license before filing.
Penalties for Non-compliance: The text specifies penalties for individuals who fail to return the required documents within the specified time frame, emphasizing the legal importance of timely reporting.
Overall, this text outlines the procedures and legal requirements for marriage licensing and solemnization in the state of New York. It aims to ensure that marriages are conducted in accordance with the law and that the necessary records are properly maintained.

DRL 14-A
Domestic Relations Law 14-A

1. Upon receipt of the return of the marriage license, properly endorsed and completed by the person who shall have solemnized a marriage as provided in this article, the town and city clerks of each and every town or city in the state shall, after abstracting, recording and indexing the statement of performance of solemnization, issue to the couple within fifteen days after such receipt or return of the completed marriage license a certificate of marriage, which certificate shall be substantially in the following form and contain the following facts:
Record No of Year
THIS IS TO CERTIFY
that ,
first name, premarriage middle and surname,
new middle and/or surname (if applicable)
residing at ,
who was born on , at ,
date
and ,
first name, premarriage middle and
surname, new middle and/or
surname (if applicable)
residing at ,

who was born , at ,
date
were married on at ,
date
as shown by the duly registered license and certificate of
marriage of said persons on file in this office.

(SEAL)
Town or City Clerk
Dated at, N.Y.

No other facts contained in the affidavits, statements, consents or licenses shall be certified by such town and city clerks, unless expressly requested in writing by the man or woman named in such affidavit, license, statement or record.
2.
a. Such town and city clerks shall be entitled to a fee for such certificate, payable at the time of issuance of the marriage license, in a sum not exceeding ten dollars, to be fixed in the case of town clerks by the town board, and in the case of city clerks by the common council or governing body of such cities. The town and city clerks shall, upon request of any applicant whose name appears thereon, issue a similar certificate of marriage, as set forth above, and similarly expanded with additional facts upon the express additional request, for all marriages heretofore indexed and recorded in the office of the town or city clerks. For such certificate of marriage, the town and city clerks shall be entitled to a fee not exceeding ten dollars, to be fixed in the case of town clerks by the town board, and in the case of city clerks by the common council or governing body of such city.
b. In addition to the foregoing, upon request of any applicant whose name appears thereon for a certificate of marriage, the town or city clerk may issue a photograph, micro-photograph or photocopy of the marriage record on file in the office of such clerk. Such photograph, micro-photograph or photocopy, when certified by the town or city clerk, shall be deemed an original record for all purposes, including introduction in evidence in all courts or administrative agencies. For such certificate of marriage and the certification thereof, the town or city clerk shall be entitled to a fee not exceeding ten dollars, to be fixed in the case of town clerks by the town board, and in the case of city clerks by the common council or governing body of such city.
3.
a. No fee shall be charged for any certificate when required by the United States department of veterans affairs or by the department of veterans’ services of the state of New York to be used in determining the eligibility of any person to participate in the benefits made available by the United States department of veterans affairs or by the state of New York.
b. A town or city may elect to waive the fee for a certificate when either of the parties making application for such certificate is a member of the armed forces of the United States on active duty.
4. A copy of the record of marriage registration when properly certified by the city and town clerks or their duly authorized deputies, as herein provided, shall be prima facie evidence of the facts therein stated and in all actions, proceedings or applications, judicial, administrative or otherwise, and any such certificate of registration of marriage shall be accepted with the same force and effect with respect to the facts therein stated as the original certificate of marriage or certified copy thereof.
5. Upon request of any applicant whose name appears thereon for a certificate of marriage, the town or city clerk shall be authorized to correct any errors on such marriage certificate where:
a. such error was not the result of any intended fraud, deception or attempt to avoid the effect of any valid law, regulation or statute; and
b. either party to the marriage provides proof, satisfactory to the clerk, of the accuracy of the facts presented in support of correcting the error.
To effectuate such correction and provide certified copies of the amended certificate, the town or city clerk shall be entitled to a fee not exceeding ten dollars to be fixed in the case of town clerks by the town board, and in the case of city clerks by the common council or governing body of such city. The clerk shall forward a copy of such amended certificate to the commissioner of health.
Langan v. St. Vincent’s Hosp. of N.Y., 2005 NY Slip Op 7495, ¶¶ 11-12, 25 A.D.3d 90, 105-06, 802 N.Y.S.2d 476, 487 (App. Div. 2nd Dept.)
“Leaving aside the fact that opposite-sex couples who remain unmarried do so out of choice while same-sex couples have little choice but to remain unmarried, the classification here is not between unmarried opposite-sex couples who choose to live together in an informal arrangement, and unmarried same-sex couples who do the same.
The classification at issue here is between couples who enter into a committed, formalized, and state-sanctioned relationship that requires state action to dissolve and, perhaps most important, makes each partner legally responsible for the financial support of the other.
For opposite-sex couples, of course, the relationship is marriage, sanctioned and recognized by the State (see e.g. Domestic Relations Law § 14-a), requiring a divorce or annulment to dissolve (see e.g. Domestic Relations Law §§ 140, 170), and obligating each spouse to provide for the support of the other (see e.g. Family Court Act § 412; Social Services Law § 101 [1]).
And, as relevant here, the relationship for same-sex couples is the Vermont civil union, sanctioned and recognized by the State (see Vt Stat Ann, Tit 15, § 1201), requiring a court proceeding to dissolve (see Vt Stat Ann, Tit 15 § 1206), and obligating each party to provide for the support of the other (see Vt Stat Ann, Tit 15 § 1204 [c]).”

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