2

Does NY state hold that a ketuba is a marriage license?

  • Does NY state hold that a ketuba is a marriage license? – Double AA May 5 '16 at 21:21
  • @sabbahillel I think this question is fine here. It's related to Judaism and not likely to require extensive law knowledge to answer. – Daniel May 5 '16 at 21:43
  • @Daniel OK I answered it from the New York State web site stating what a marriage license is and how it is obtained. – sabbahillel May 5 '16 at 21:44
3

No. The ketuvah is no more than any other private pre-nuptual agreement as far as its legal effect in New York State. The marriage license must be obtained from a person who is authorized to issue the license (a town or city clerk) between 1 and 60 days before the wedding ceremony. It must be obtained in person by both parties.

The document must be the official form issued by the state of New York and obtained from the appropriate office.

As far as the effect of the kesuvah @DoubleAA has pointed to Is the ketuba enforceable in American law? in which certain provisions of the kesuvah were upheld because they were purely secular (religiously neutral) parts of a pre-nuptual agreement.

Information on Getting Married in New York State

The Marriage License

Where do you get a marriage license?

A couple who intends to be married in New York State must apply in person for a marriage license to any town or city clerk in the state. The application for a license must be signed by both applicants in the presence of the town or city clerk. A representative cannot apply for the license on behalf of the applicants. This applies even if the representative has been given a Power of Attorney. Notarized marriage license affidavits signed by the applicants cannot be substituted for their personal appearance.

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 justice of the Supreme Court or a judge of the County Court of the county in which either of the applicants resides. If either person is under 16 years of age, the order must be from the Family Court judge of the county in which the person under 16 years of age resides.

How long is the license valid?

A marriage license is valid for 60 calendar days, beginning the day after it is issued.

  • this is not necessarily true judaism.stackexchange.com/a/27271/759 – Double AA May 5 '16 at 22:49
  • @DoubleAA the question was "Does NY state hold that a ketuba is a marriage liscense?". The question that you point to is if the secular aspects of a kesuvah can be enforced. That compares it to any other prenuptual agreement. A marriage license is a document issued by the state that causes the change of legal status. Only the state issued marriage license can do that (as I cite from the web site) If only the ketuva and chuppah are done (without a stqate license signed by the rabbi) , the state will not recognize the couple as married. – sabbahillel May 5 '16 at 23:39
  • But "The ketuvah is strictly a religious document that has no legal effect in New York State." is not necessarily true. – Double AA May 5 '16 at 23:51
  • @DoubleAA i will edit that sentence – sabbahillel May 5 '16 at 23:55
  • I knew a group of people (I won't mention their "nationality") that were secularly divorced but never did Gittin. The secular divorce was their means of collecting Food stamps, welfare, health benefits, etc. Sounds immoral and anti-halachic, but, apparently, in NY State, it's legal. And, it shows, in a way, that the ketubah, in fact, is NOT a "marriage license" or proof of "legal" secular marriage. – DanF May 6 '16 at 2:41

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .