New York · statute · N.Y. Domestic Relations Law · 200 active provisions
DOMESTIC RELATIONS LAW Laws 1909, Chap. 19. AN ACT relating to the domestic relations, constituting chapter fourteen of the consolidated laws. Became a law February 17, 1909, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, d…
ARTICLE 1 Short Title; Definitions Section 1. Short title. 2. Definitions.
§ 1. Short title. This chapter shall be known as the "Domestic Relations Law."
§ 2. Definitions. A "minor" or "infant", as used in this chapter, is a person under the age of eighteen years.
ARTICLE 2 Marriages Section 5. Incestuous and void marriages. 6. Void marriages. 7. Voidable marriages. 8. Marriage after divorce.
§ 5. Incestuous and void marriages. A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either: 1. An ancestor and a descendant; 2. A brother and sister of either the whole or the half blood; 3. An uncle and niece or an aunt and nephew. If a marriage prohibited by the foregoin…
§ 6. Void marriages. A marriage is absolutely void if contracted by a person whose husband or wife by a former marriage is living, unless either: 1. Such former marriage has been annulled or has been dissolved for a cause other than the adultery of such person; provided, that if such former marriage has been dissolved…
§ 7. Voidable marriages. A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto: 1. Is under the age of legal consent, which is eighteen years; 2. Is incapable of consenting to a marriage for want of understanding; 3. Is incapable of entering into the marri…
§ 8. Marriage after divorce. Whenever, and whether prior or subsequent to September first, nineteen hundred sixty-seven, a marriage has been dissolved by divorce, either party may marry again.
ARTICLE 3 Solemnization, Proof and Effect of Marriage Section 10. Marriage a civil contract. 10-a. Parties to a marriage. 10-b. Religious exception. 11. By whom a marriage must be solemnized. 11-a. Duty of city clerk in certain cities of the first class; facsimile signature of said clerk authorized. 11-b. Registration…
§ 10. Marriage a civil contract. Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of parties capable in law of making a contract is essential.
§ 10-a. Parties to a marriage. 1. A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex. 2. No government treatment or legal status, effect, right, benefit, privilege, protection or responsibility relating to marriage, whether deriving from…
§ 10-b. Religious exception. 1. Notwithstanding any state, local or municipal law, rule, regulation, ordinance, or other provision of law to the contrary, a religious entity as defined under the education law or section two of the religious corporations law, or a corporation incorporated under the benevolent orders law…
§ 11. By whom a marriage must be solemnized. No marriage shall be valid unless solemnized by either: 1. A clergyman or minister of any religion, or by the senior leader, or any of the other leaders, of The Society for Ethical Culture in the city of New York, having its principal office in the borough of Manhattan, or b…
§ 11-a. Duty of city clerk in certain cities of the first class; facsimile signature of said clerk authorized. 1. a. The city clerk of a city of the first class of over one million inhabitants may designate in writing any or all of the deputy city clerks and from among the permanent members of the city clerk's staff as…
§ 11-b. Registration of persons performing marriage ceremonies in the city of New York. Every person authorized by law to perform the marriage ceremony, before performing any such ceremonies in the city of New York, shall register his or her name and address in the office of the city clerk of the city of New York. Ever…
§ 11-c. Marriage officers. 1. Notwithstanding the provisions of section eleven of this article or any other law, the governing body of any village, town, or city may appoint one or more marriage officers who shall have the authority to solemnize a marriage which marriage shall be valid if performed in accordance with o…
§ 11-d. One-day marriage officiant license. 1. A town or city clerk shall issue a one-day marriage officiant license upon request. Such one-day marriage officiant shall have the authority to solemnize a marriage which marriage shall be valid if performed in accordance with other provisions of law. Nothing herein contai…
§ 12. Marriage, how solemnized. No particular form or ceremony is required when a marriage is solemnized as herein provided by a clergyman or magistrate, or one-day marriage officiant as designated by a town or city clerk pursuant to section eleven-d of this article, but the parties must solemnly declare in the presenc…
§ 13. Marriage licenses. It 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, magistrate, or one-day marriage officiant as designated by a town or city cle…
§ 13-aa. Test to determine the presence of sickle cell anemia. 1. On and after the effective date of this act, such test as may be necessary shall be given to each applicant for a marriage license who is not of the Caucasian, Indian or Oriental race for the purposes of discovering the existence of sickle cell anemia an…
§ 13-b. Time within which marriage may be solemnized. A marriage shall not be solemnized within twenty-four hours after the issuance of the marriage license, unless authorized by an order of a court of record as hereinafter provided, nor shall it be solemnized after sixty days from the date of the issuance of the marri…
* § 13-c. Twenty-four hour provision waived in certain cases. 1. Notwithstanding the provisions of section thirteen-b of this chapter or any other provision of law, where either of the parties making application for a marriage license pursuant to section thirteen of this chapter, is a member of the armed forces of the…
§ 13-d. Duty of clerk issuing marriage license. 1. It shall be the duty of each town and each city clerk or duly authorized deputy acting in the clerk's stead, upon the issuance of a marriage license to display to the parties a typed or printed statement containing substantially the same following information: "Rubella…
§ 14. Town and city clerks to issue marriage licenses; form. 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 t…