The Town Clerk is responsible for issuing a New York State Marriage License to qualified applicants as well as recording the marriage with the New York State Department of Health. The marriage record is on file in this office and in Albany.The requirements for the issuance of marriage licenses in the Town of Hempstead are mandated by the provisions of the New York State Domestic Relations Laws.
A couple who intends to be married in New York State, regardless of the residence of either of the parties, may apply in person for a marriage license at the Town of Hempstead Town Clerk's Office. The application for a license must be signed by both the bride and groom in the presence of a clerk. A representative cannot apply for the license on behalf of the bride or groom. This applies even if the representative has been given a Power of Attorney. Notarized marriage license affidavits signed by the bride or groom cannot be substituted for their personal appearance.
The marriage section of the Hempstead Town Clerk's office is open Monday through Friday, 8:00 a.m. to 4:45 p.m. Applicants should arrive prior to 4:15 p.m.
A person is required to establish proof of age and identity by submitting to the issuing clerk ONE of the following age related documents (ALL AGE RELATED DOCUMENTS MUST BE ORIGINAL. Foreign documents must be translated to English and certified.):
AND ONE of the following identity related documents (ALL IDENTITY RELATED DOCUMENTS MUST BE ORIGINAL. All documents must be valid/un-expired.):
Effective August 1, 2003 the New York State Department of Health has increased the marriage license fee to $40.00, which includes the cost of the marriage certificate. As an agent of the state, the Hempstead Town Clerk's office is required to charge the increased fee, which includes the issuance of a Certificate of Marriage Registration. This certificate is automatically sent to the applicants within 15 days after the completed license is returned by the officiant (person who performs the marriage ceremony). It serves as notice that a record of the marriage is on file.
Payment may be made in cash or by local check or money order made payable to Hempstead Town Clerk.
Yes. Although the marriage license is issued immediately, the marriage ceremony may not take place within 24 hours from the exact time that the license was issued. When both applicants are 16 years of age or older, the 24-hour waiting period may be waived by an order of a Judge of the Nassau County Supreme Court or a Judge of the Nassau County Court. If either person is under 16 years of age, the order must be from a Nassau County Family Court Judge.
A marriage license is valid for 60 days, beginning the day after it is issued.
No pre-marital examination or blood test is required to obtain a marriage in New York State.
A license issued by the Town of Hempstead Town Clerk's Office may only be used within New York State. Please note that if you intend to be married outside of New York State you should contact that state's Vital Records Office and inquire about their requirements.
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 other 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 a court proceeding as to what he or she witnessed.
The Town Clerk's Office has a chapel available for ceremonies. The fee for its use is $30. The ceremony will be officiated by a Hempstead Town Marriage Officer. Marriage ceremonies are performed between 10:00 a.m. and 3:00 p.m., by appointment only.
To be valid, a marriage ceremony must be performed by any of the individuals specified in Section 11 of the New York State Domestic Relations Law. These include:
A person performing a ceremony in New York City must be registered with the City of New York in order to perform a ceremony within the New York City limits. The officiant does not have to be a resident of New York State.
Ship captains are not authorized to perform marriage ceremonies in New York State.
Information regarding previous marriages must be furnished in the application for a marriage license. Marriage license applicants whose previous marriage(s) ended in divorce, annulment or death of spouse, must provide proof of dissolution of all previous marriage(s) by presenting a certified copy of Decree of Divorce, a Certificate of Dissolution of Marriage or certified copy of Death Certificate for each previous marriage. This includes whether the former spouse or spouses are living, and whether the applicants are divorced and, if so, when, where and against whom the divorce or divorces were granted. ALL RECORDS REGARDING PREVIOUS MARRIAGES MUST BE CERTIFIED. NO PHOTO COPIES ALLOWED.
A certified copy of the marriage record may be obtained from the Town Clerks Office; the fee is ten dollars ($10).
You may also obtain a certified copy of the marriage record from the New York State Department of Health; the fee is thirty dollars ($30).
Every person has the right to adopt any name by which he or she wishes to be known simply by using that name consistently and without intent to defraud. 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 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 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 option 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 cannot be changed to record a surname you decide to use after your marriage.
If you plan to use your married name at work, be sure to have your name changed in Social Security records. This way, you will get credit for all your earnings. It's easy and it's absolutely free. Contact any Social Security office. Look in the telephone book for the address and phone number. You will need documentary evidence showing both your old name and your new name.
If either applicant is under 14 years of age, a marriage license cannot be issued.
If either applicant is 14 or 15 years of age, such applicant(s) must present the written consent of both parents and a Judge of the Nassau County Supreme Court or a Judge of the Nassau County Family Court.
If either applicant is 16 or 17 years of age, such applicant(s) must present the written consent of both parents.
If both applicants are 18 years of age or older, no consents are required.
One parent alone may consent to a minor's marriage if:
A marriage may not take place in New York State between an ancestor and descendant, a brother and sister (full or half blood), an uncle and niece or an aunt and nephew, regardless of whether or not these persons are legitimate or illegitimate offspring.