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1. Is there a waiting period?

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.

2. How long is the license valid?

A typical marriage license is valid for 60 days, beginning the day after it is issued. Military personnel on active duty, as well as other extreme circumstances, may qualify for an extension of time on the marriage license. Couples can acquire a waiver for the 24 hour waiting period. Please call 516-812-3014 if you have questions concerning the license.

3. Is a pre-marital physical exam required?

No premarital examination or blood test is required to obtain a marriage in New York State.

4. Where can a marriage take place?

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 for its requirements.

5. What about the ceremony?

In-person wedding ceremonies are available at Hempstead Town Hall outside on the patio, where social distancing and other safety protocols are in place. Please call 516-812-3014 to book your wedding ceremony.

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 one another as a married couple. There is a minimum age of 18 to be a witness.

The Town Clerk's Office has a chapel available for small wedding ceremonies. Marriage ceremonies will be officiated by a Hempstead Town Marriage Officer by appointment only on Monday, Tuesday, Wednesday, and Friday, from 10 am to 3 pm, and on Thursday, from 10 am to 5 pm. The fee for the use of the chapel is $65. The chapel can only be booked after obtaining a New York State Marriage license. If the license was not issued by the Town of Hempstead marriage department, please come into our office with the original marriage license and valid I.D. to schedule a ceremony.

6. 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 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

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. A ship must be docked if a certified official is performing a ceremony on a boat.

View a list of Officials and Ministers who Perform Civil Marriage Ceremonies (PDF).

7. Where can I get copies of my records?

A certified copy of the marriage record may be obtained from the Town Clerk's Office. You may apply for a Marriage Transcript in person, by mail, or by fax. Payment may be made by check or money orders payable to Kate Murray, Town Clerk, or by credit card. View the procedure for requesting a Marriage Transcript online.

You may also obtain a certified copy of the marriage record from the New York State Department of Health. Call 877-854-4481 or visit their website for a fee or more information.

8. What are the age and consent requirements for minors?

Age Requirements

• If either applicant is under 17 years of age, a marriage license cannot be issued.
• If either applicant is 17 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 both applicants are 18 years of age or older, no consents are required.

Consent Requirements

One parent alone may consent to a minor's marriage if:

• The other parent has been judged incompetent
• The other parent has been missing for one year preceding the application
• The other parent is deceased
• The parents are divorced and the consenting parent was given sole custody of the child when the divorce decree was awarded

Parents, guardians, or other people consenting to the marriage of a minor must personally appear and acknowledge or execute their consent before the town or city clerk or some other authorized official. If the notarized affidavit is made before an official outside of the State of New York, it must be accompanied by a certificate of authentication when the consent is filed in New York State.

9. What are the surname options?

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 parties 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 surname of the other spouse
• Any former surname of either spouse
• A name combining into a single surname all or a segment of the pre-marriage surname or any former surname of each spouse
• A combination name separated by a hyphen provided that each part of such combination surname is the pre-marriage surname, or any former surname, of each of the spouses

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 Social Security records updated to reflect your change of surname, avoiding complications in payroll. It's easy and it's absolutely free. To do so contact any Social Security office. You will need documentary evidence showing both your old name and your new name.

Once you obtain a marriage license from our office, we will provide you with the paperwork required to change your name on your driver's license.

10. Where to apply for a one-day marriage officiant License?

An applicant for a one-day marriage officiant license must apply for such license in the same town or city clerk's office as the couple to be married.

11. How old does a one-day marriage officiant need to be?

A one-day marriage officiant needs to be 18 or older.

12. Where can a marriage be performed?

A one-day marriage officiant shall have the authority to solemnize a marriage anywhere in the state.

13. Does there need to be a witness for a one-day marriage officiant ceremony?

At least one witness beside the one-day marriage officiant must be present at the ceremony.

14. When does the one-day marriage officiant expire?

Such license shall only be valid for the parties to be married as stated on the application and shall expire upon the earlier of either. completion of such solemnization or the expiration of the marriage license. Once the ceremony is completed it is the responsibility of the officiant to return the completed license to the issuing office.

15. Can an out of state resident perform a ceremony in New York State under the one-day marriage officiant law?

Yes, someone from out of state can apply for a one-day marriage officiant regardless of state residence who intend to perform a marriage solemnization ceremony within New York state. Such designations shall only be issued after an applicant remits a completed application form and fee.