No License? No Problem (Maybe)
In honor of Valentine's Day, Marilyn Sugarman discusses a few recent decisions that upheld the validity of a marriage even when there was no license.
February 13, 2024 at 10:00 AM
11 minute read
Every Valentine's Day, I would watch from my former office at 60 Centre Street as the line would form outside the New York City Marriage Bureau, where wedding ceremonies are performed and where couples go to apply for a marriage license in advance of a ceremony. Valentine's Day is always a popular date for engagements and weddings. So naturally, since tomorrow is Valentine's Day, thoughts of hundreds of people marrying led to thoughts of…divorce.
It is often joked that the number one cause of divorce is marriage. It is axiomatic that in order to seek a divorce, and with it, equitable distribution of marital assets, a couple must first be validly married. What are the requirements for a valid marriage? The website for the Office of the City Clerk, states that "[a]ll persons who intend to get married in New York State must obtain a Marriage License." https://www.cityclerk.nyc.gov/ content/marriage-license This admonition is codified in Domestic Relations Law ("D.R.L.") §13, which provides:
[i]t 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.
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