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New York Marriage Equality FAQ

7/21/2011

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Today, the New York State Bar Association's Committee on LGBT People and the Law (of which I am a member) issued a very helpful booklet that answers many of the questions people have about how to go about getting married in New York, and what that marriage will mean within New York and elsewhere in the country, as well as the effect that previous unions--such as civil unions or domestic partnerships performed in New York or elsewhere--have on couples now seeking to get married in New York. 

Specifically, the questions answered in this booklet are:

  1. What is the effective date of the new legislation and what does that mean?
  2. Where can I find a copy of the Marriage Equality Act?
  3. What does the Marriage Equality Act do?
  4. Does the Marriage Equality Act change New York's definition of marriage?
  5. How do couples get married in New York?
  6. What are the requirements for issuance of a marriage license?
  7. Is there a residency requirement?
  8. Is there a waiting period?
  9. How long is the license valid?
  10. Are all town and city clerks in New York State required to issue marriage licenses to same-sex couples?
  11. What should I do if a town or city clerk refuses to grant a marriage license to a same-sex couple?
  12. Once a license is issued, who may solemnize a marriage in New York State?
  13. Is a particular form of solemnization required?
  14. Can a same-sex couple get married in a church?
  15. Do all churches have to perform marriage ceremonies under the Marriage Equality Act?
  16. If we were previously married in another state or country, do we need to get married again to be legally married in New York?
  17. If we were previously married in another state or country, can we get married again in New York?
  18. What if I was previously married to someone else?
  19. What if we are already registered domestic partners?
  20. What if we entered into a civil union or domestic partnership in another state or country?
  21. What if I am a registered domestic partner with someone else?
  22. What if I entered into a civil union or partnership in another jurisdiction with someone else?
  23. Can I change my name if I get married in New York?
  24. What is the Defense of Marriage Act?
  25. Are New York same-sex marriages valid in other jurisdictions?
  26. What are the general rights and obligations that come with marriage?
  27. Should we execute a prenuptial agreement?
  28. What if we have children?
  29. Where can additional information be obtained?


If anyone has additional questions pertaining to same-sex marriage in New York, post them under Comments and I will do my best to provide answers.
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