Marriage Licenses.—The legislature of New York, at its session in 1907, passed an act providing for marriage licenses, which became effective January 1, 1908.
Written consent of both parents or guardian must be given to the town or city clerk before he may issue license. If residents of the State, they must personally appear and execute the consent; if non-residents, it must be executed, acknowledged and certified.
Who May Solemnize Marriage.—A clergyman or minister of any religion, or the leader, or the two assistant leaders, of the Society for Ethical Culture in New York City, justices and judges of courts of record, judges of the county courts, justices of the peace, mayors, recorders and aldermen of cities.
Marriage by Contract.—A lawful marriage may be concluded by a written contract of marriage signed by both parties, and at least two witnesses who shall subscribe the same, stating the place of residence of each of the parties and witnesses and the date and place of marriage, and acknowledged by the parties and witnesses in the manner required for the acknowledgment of a conveyance of real estate to entitle the same to be recorded. Such contract shall be filed, within six months after its execution, in the office of the clerk of the town or city in which the marriage was solemnized.
Jews and Quakers.—Marriages among Quakers or Jews may be solemnized in the manner and according to the regulations of their respective societies.
Encouragement of Marriage.—No marriage shall be deemed or adjudged invalid, nor shall the validity thereof be in any way affected on account of any want of authority in any person solemnizing the same, if consummated with a full belief on the part of the persons so married, or either of them, that they were lawfully joined in marriage.
Divorce.—The only cause for absolute divorce is the adultery of either party.
Jurisdiction.—The Supreme Court has exclusive original jurisdiction of actions for divorce.
In an action for absolute divorce, both parties must have been residents of the State when the offense was committed; or must have been married within the State; or the plaintiff must have been a resident when the offense was committed, and also when the action was commenced; or when the offense was committed within the State, the plaintiff must have been a resident when the action was commenced.
Limited Divorce.—A limited divorce, which is equivalent to a judicial separation in England, may be granted because of: