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Marriage Laws: Rhode Island & New York

We’ve paid a call on Massachusetts, New Hampshire, Connecticut and Maine, now our journey down the Eastern seaboard exploring marriage laws brings us to the small, but lovely state of Rhode Island and the impressive and vast New York.

Rhode Island

There is no residency requirement for couples seeking to get married in Rhode Island. Both parties must show their birth certificates and provide their social security numbers when they apply for a license. If you are a resident of Rhode Island, you should apply for your marriage license in the town where one or both of you reside. As in other states, if either of you have been married before, you need to show a copy of the final divorce decree or a certified death certificate.

The fee for a marriage license begins at $24. Marriage licenses are valid for 90 days. There are no options for covenant marriages and there is no waiting period for couples once they have obtained their marriage license. Rhode Island also does not allow for proxy marriages. There are also no tests required to obtain a marriage license.

For male minors under the age of 18 and female minors under the age of 16, a family court order is required to obtain a marriage license. For females under 18, but over 16, her parents would need to have a Minor’s Permit to Marry Form signed and notarized at the City Clerk’s office prior to obtaining a marriage license.

Rhode Island does not allow same-sex marriage, but they do recognize common law marriage. Rhode Island is interesting in that they do not give Justices of the Peace the power to perform a marriage, however, ordained clergy, justices of the various courts as well as clerks and the general chief clerk and many, many more are empowered by the Office of the Secretary of State to join couples in marriage.

To get a copy of your certificate of marriage in Rhode Island:

Division of Vital Records
Rhode Island Department of Health
3 Capitol Hill, Room 101
Providence, RI 02908-5097
Phone: (401) 222-2811

New York

It’s important to remember that different counties in New York may have different restrictions and requirements when applying for a marriage license. New York does not have a residency requirement. You will need a current and valid driver’s license or an original birth certificate or passport in order to provide proof of identity when you apply for a marriage license. You will also need to show a certified divorce decree or death certificate if you were previously married.

If you are already married and want to host a second wedding or renewed vows, your officiants may require a second marriage license. You can obtain that from the town or city where you received your first marriage license.

New York requires a 24-hour waiting period to get married. Most areas in New York will charge anywhere from $35 to $50 for a marriage license. Be aware that many areas (including New York City) require a money order to pay for a marriage license, not a personal check or cash. You do not have to have any medical tests to apply for a marriage license. Your marriage license is valid for a minimum of 60 days and your wedding ceremony requires at least one witness.

New York does not allow for proxy, cousin, common law or same sex marriages. For minors who are 16 or 17 years old, a parental consent form is required. For minors under the age of 16, but older than 14, a family court order is required. Minors under the age of 14 are not allowed to get married.

officiants must be an authorized, officially ordained member of the clergy or a public official in the State of New York such as a mayor, city clerk, deputy city clerk, appointed marriage officer, justice, or judge. In New York City, an officiant must be registered with the City of New York. Ship captains can not perform marriage ceremonies in New York State – Section 11 of Domestic Relations Law

To obtain a copy of your New York marriage certificate, contact:

Vital Records Section
New York State Department of Health
Empire State Plaza
Albany, New York 12237-0023

The above information should be taken as guidance only, legal requirements for state and county marriage licenses change often. Please verify the necessary paperwork and more with the office of the county clerk prior to making your wedding plans

For more state laws governoring marriage, check out our series on marriage laws.

This entry was posted in Marriage Law and tagged , , , , by Heather Long. Bookmark the permalink.

About Heather Long

Heather Long is 35 years old and currently lives in Wylie, Texas. She has been a freelance writer for six years. Her husband and she met while working together at America Online over ten years ago. They have a beautiful daughter who just turned five years old. She is learning to read and preparing for kindergarten in the fall. An author of more than 300 articles and 500+ web copy pieces, Heather has also written three books as a ghostwriter. Empty Canoe Publishing accepted a novel of her own. A former horse breeder, Heather used to get most of her exercise outside. In late 2004, early 2005 Heather started studying fitness full time in order to get herself back into shape. Heather worked with a personal trainer for six months and works out regularly. She enjoys shaking up her routine and checking out new exercises. Her current favorites are the treadmill (she walks up to 90 minutes daily) and doing yoga for stretching. She also performs strength training two to three times a week. Her goals include performing in a marathon such as the Walk for Breast Cancer Awareness or Team in Training for Lymphoma research. She enjoys sharing her knowledge and experience through the fitness and marriage blogs.