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Marriage Laws United States New York New York Wedding Officiants

Name Change

• New York State Law permits you to change your last name (surname) as a result of getting married.
• This law does not permit you to change your first name or middle name through marriage.
• View the exact language of the Domestic Relations Law of the State of New York.

Decision to change name when getting married

• Your surname does not change automatically upon marriage unless you elect to change it.
• Nothing in the law requires you to change your name when getting married; it is your personal choice.
• You are not required to have the same surname as your spouse.

Name change procedure and options

• Should you elect to change your surname, the change takes effect immediately upon the completion of your Marriage Ceremony.
• Either you or your prospective spouse may elect to change your surname by entering the new surname in the appropriate space on the application.
• The new name entered must consist of one of these four surname options:
  • Option 1: the surname of either spouse; or
  • Option 2: any former surname of either spouse; or
  • Option 3: a name combining into a single surname, all or a segment of, the premarriage surname, or any former surname, of each spouse; or
  • Option 4: a combination surname separated by a hyphen, provided that each part of such combination surname is the premarriage surname, or any former surname, of each of the spouses.

Legal implications of this option

• The use of the name change option will provide you with a record that you elected to change your surname through marriage.
• Your Marriage Certificate constitutes proof that the use of the new surname or the retention of the former name is lawful.
• Neither the use of, nor the failure to use, this option of selecting a new surname through the use of the Marriage License application, affects your right to adopt a different surname through usage at some future date.

Right to adopt any name
New York Law states that you have the right to adopt any name you wish simply by using that name consistently and without intent to defraud.

Domestic Relations Law, Section 15 (1) (b)
The content below contains all of Section 15 (1) (b) of the Domestic Relations Law of the City of New York.

State of New York 
Domestic Relations Law
Article 3 Solemnization, Proof and Effect of Marriage
Section 15 Duties of town and city clerks
Paragraph (1)

2. Every application for a marriage license shall contain a statement to the following effect:
   
   NOTICE TO APPLICANTS
   1. 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.
   2. A person's last name (surname) does not automatically change upon marriage, and neither party to the marriage must change his or her last name. Parties to a marriage need not have the same last name.
   3. One or both parties to a marriage may elect to change the surname by which he or she wishes to be known after the solemnization of the marriage by entering the new name in the space below. Such entry shall consist of one of the following surnames:
      1. the surname of the other spouse; or
      2. any former surname of either spouse; or
      3. a name combining into a single surname all or a segment of the premarriage surname or any former surname of each spouse; or
      4. a combination name separated by a hyphen, provided that each part of such combination surname is the premarriage surname, or any former surname, of each of the spouses.
   4. The use of this option will have the effect of providing a record of the change of name. The marriage certificate, containing the new name, if any, constitutes proof that the use of the new name, or the retention of the former name, is lawful.
   5. Neither the use of, nor the failure to use, this option of selecting a new surname by means of this application abrogates the right of each person to adopt a different name through usage at some future date.

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New York Town Clerk's Office

Albany Town Clerk Albany, NY 716.335.2330	Allegany Town Clerk Dansville, NY 334.928.2785	Batavia Town Clerk Batavia, NY 716.343.1729
Bath Town Clerk Bath, NY 607.776.7013	Bristol Town Clerk Canadaigua, NY 716.229.2400	Bronx City Clerk Bronx, NY 718.802.3585
Broome Town Clerk Binghamton, NY 607.772.0357	Buffalo Town Clerk Buffalo, NY 716.851.5444	Canton Town Clerk Canton, NY 315.386.8311
Catskill Town Clerk Catskill, NY 518.943.2141	Cattaraugus Town Clerk Little Valley, NY 716.257.9288	Cayuga Town Clerks Office Auburn, NY 315.253.9021
Chemung Town Clerk Elmira, NY 607.734.2031	Clarkstown Town Clerk New City, NY 914.639.2010	Clinton Town Clerk Plattsburgh, NY 518.563.8100
Columbia Town Clerk Hudson, NY 518.828.4656	Cortland Town Clerk Cortland, NY 607.756.6521	Deerfield Town Clerk Utica, NY 315.724.0413
Delaware Town Clerk Delhi, NY 607.746.2236	Dix Town Clerk Watkins Glen, NY 607.535.9125	Elizabethtown Town Clerk Elizabethtown, NY 518.873.6555
Fort Edward Town Clerk Fort Edward, NY 518.747.5212	Geneseo Town Clerk Geneseo, NY 716.243.0722	Goshen Town Clerk Goshen, NY 914.294.6250
Herkimer Town Clerks Herkimer, NY 315.866.2690	Johnstown Town Clerk Johnstown, NY 518.762.7070	Lake George Town Clerk Lake George, NY 518.668.5722
Lake Pleasant Clerk Lake Pleasant, NY 518.548.3625	Lockport Town Clerk Lockport, NY 716.439.9524	Lyons Town Clerk Lyons, NY 315.946.6252
Malone Town Clerk Malone, NY 518.483.4740	Malta Town Clerk Ballston Spa, NY 518.899.2552	Manhattan Town Clerk New York, NY 212.669.8898
Mohawk Town Clerk Fonda, NY 518.853.3031	New Bremen Town Clerk Lowville, NY 315.376.2641	North Castle Town Clerk Armonk, NY 914.273.3321
Norwich Town Clerk Norwich, NY 607.334.1220	Onondaga Town Clerk Syracuse, NY 315.469.1583	Orleans Town Clerk Albion, NY 716.589.5100
Oswego Town Clerk Osewego, NY 315.343.2586	Owego Town Clerk Owego, NY 607.687.2194	Potter Town Clerk Penn Yan, NY 716.554.6758
Poughkeepsie Town Clerk Poughkeepsie, NY 914.485.3620	Putnam Town Clerk Carmel, NY 914.225.2067	Queens Town Clerk Jamaica, NY 718.520.3137
Riverhead Town Clerk Riverhead, NY 516.727.3200	Rochester Town Clerk Accord, NY 914.626.7384	Rye Town Clerk Port Chester, NY 914.939.3570
Schenactady Town Clerk Schenectady, NY 518.384.0036	Schoharie Town Clerk Schoharie, NY 518.295.7677	Staten Island Town Clerk Staten Island, NY 718.816.2290
Thompson Town Clerk Monticello, NY 914.794.2500	Tompkins Town Clerk Ithaca, NY 607.273.1721	Troy Town Clerk Troy, NY 518.279.3461
Ulster Town Clerk Lake Katrine, NY 914.382.2455	Warsaw Town Clerk Warsaw, NY 716.786.2800	Waterloo Town Clerk Waterloo, NY 315.539.3080
Watertown Town Clerk Watertown, NY 315.785.9793	Woodbury Town Clerk Highland Mills, NY 914.928.6323

To notify us of corrections or additions send an email to update@usmarriagelaws.com.  Please include the state and county information.

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