The license fee is $40. (cash, check, or money order only)
- Both parties must apply together in-person at the Town Clerk's Office, by appointment only between the hours of 9 a.m. and 3 p.m. Please call 845-795-5100 Ext. 4 to make an appointment.
- Identification Requirements:
- Photo ID is required - Valid Driver's License or Valid Passport
- Original Certified or Certified Copy of Birth Certificate (no photocopies)
- Social Security Card
- If divorced, the original certified signed divorce decree(s) must be shown, stating the location and date filed.
- If widowed, the death certificate is required.
- Marriage license becomes valid after 24 hours and must be used within 60 days.
- The license may only be used for New York State ceremonies.
- All documents must be in English. It is the responsibility of the couple to seek translations for documents in foreign languages.
- Please be aware of your surname options (see brochure below) and be clear what you want your surname to be when you apply.
Who can perform a marriage ceremony?
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:
- The current or a former governor;
- the mayor of a city or village;
- the former mayor, the city clerk or one of the deputy city clerks of a city of more than one million inhabitants;
- a marriage officer appointed by the town or village board or the city common council;
- a justice or judge of the following courts: the U.S. Court of Appeals for the Second Circuit, the U.S. District Courts for the Northern, Southern, Eastern or Western Districts of New York, the New York State Court of Appeals, the Appellate Division of the New York State Supreme Court, the New York State Supreme Court, the Court of Claims, the Family Court, a Surrogates Court, the Civil and Criminal Courts of New York City (including Housing judges of the Civil Court) and other courts of record;
- a village, town or county justice;
- a member of the clergy or minister who has been officially ordained and granted authority to perform marriage ceremonies from a governing church body in accordance with the rules and regulations of the church body;
- a member of the clergy or minister who is not authorized by a governing church body but who has been chosen by a spiritual group to preside over their spiritual affairs;
- other officiants as specified by Section 11 of the Domestic Relations Law.
The person performing the ceremony 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.
Responsibilities of the Officiant performing the Ceremony
The Town of Marlborough or The New York State Department of Health (NYSDOH) does not have the authority to advise you whether or not an individual or organization qualifies to perform a marriage in New York State. This is a requirement of Article 3, Section 11 of New York State Domestic Relations Law and not under the jurisdiction of the Department of Health. If you have questions, you may wish to consult an attorney familiar with New York State Domestic Relations Law and marriage case law.
After the religious service or ceremony, it is time for official recordkeeping. It is the officiant's responsibility to ensure that the officiant and witness portions of the license are properly completed and accurate. It is the couples responsibility to present their marriage license to the officiant and the witnesses. The officiant's job is to look over the license, confirm that the information is accurate, and complete the officiant's section. Once completed, the officiant must return the original license to the town or city clerk where the license was purchased (usually by mail). Many clerks will supply a self-addressed envelope for this purpose. In New York, completed marriage licenses must be returned within five days of the ceremony. Once the town or city where the license was purchased takes delivery of an accurate and finalized marriage license, a copy of the marriage license is delivered to the NYSDOH to be recorded and filed.