Has spending a lot of time at home with your significant other gotten you thinking about marriage? Or has separation from the one you love sparked a desire to pledge your love and loyalty “till death do you part?”
Well, if you’re a New Yorker, there’s no need to wait till the pandemic is over to tie the knot.
Gov. Andrew Cuomo today issued an executive order allowing municipal clerks to accept marriage license applications and issue marriage licenses electronically. The order also allows marriages to be solemnized via video conference.
Couples that obtained a marriage license in the traditional manner that are set to expire during the emergency can get another marriage license without having to pay an additional license fee.
The couple taking their vows by video conference will have to present valid photo ID to verify their identities during the video conference. The video conference must allow for direct interaction between the couple and the person solemnizing the marriage and the witness. During the video ceremony, the couple must “affirmatively represent” that they are physically situated in the jurisdiction of the State of New York.
The couple, the person solemnizing the marriage and the witness can use email or fax to send the signed marriage license to the other involved parties and the municipal clerk.
Local town and city clerks may provide guidance related to how marriage licensure applications and issuance will be implemented in their jurisdictions.
Now, if you’re already married and spending a lot of time stuck in your house with your spouse has got you thinking about un-tying the knot, think again. New divorce actions cannot be filed in New York State courts on a virtual basis — at least not yet. Divorce actions have not been deemed “essential” matters and a ban on the filing of new “non-essential” matters remains in effect. Pending divorce actions can move forward virtually, however. And the court system may “adjust its operational plans in response to the COVID-19 pandemic to increase access to
justice in non-essential matters.”
So if you don’t think your marriage can survive the stay-home phase of the pandemic, stay tuned.
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