Allows military personnel to marry within twenty-four hours of receiving a marriage license

BILL NUMBER:A11151

Title of bill

An act to amend the domestic relations law and the exec- utive law, in relation to allowing military personnel marriages within twenty-four hours of receiving a marriage license

Purpose

This bill will permit active military personnel scheduled for deployment in less than 60 days, or while such personnel are deployed or during military mobilization period to get married within twenty-four hours of receiving their marriage license.

Summary of provisions

Section 1 amends section 13-b of the domestic relations law in relation to the time within which a marriage can be solemnized. This legislation will allow military personnel deploying in less than sixty days or during a mobilization period to waive the twen- ty-four hour waiting period upon receiving a marriage license. The legislation also adds the word "or her" when referencing to town or city clerks.

Section 2 amends section 354-d of the executive law to provide the same waiver.

Section 3 authorizes that this act shall take effect immediately.

Justification

Until recently, there was usually a period of one to two years between military deployments. Troops and families had time to prepare, to see that affairs were in order, and to discuss expectations and coping strategies. In response to world events including war and terrorism, deployments are happening more frequently and with less notice. These factors cause service members and families additional stress, and have increased the challenges of deployment readiness.

Here in New York, we have Fort Drum, the most deployed division in the United States Military. There is also an increased number of service members from the Reserves, National Guard and Inactive Ready Reserves being called upon to serve in our comprehensive Overseas Contingency Operations. These activations often cause unique situations resulting in marriages that need to be expedited due to pre-mobilization training requirements and enrollment deadlines for the Department of Defense eligibility benefits for spouses and dependents.

Under current law, there is a twenty-four hour waiting period that couples have to wait before they can get married. For men and women in the military this waiting period is burdensome and can cause unneeded stress. A deployment is never easy for military men and women, they must go through practical preparation, financial readiness, personal prepara- tion, and emotional readiness. This legislation will make it a little easier for them to get married and is one less issue they need to be concerned about prior to mobilization. A similar waiver was enacted during the Vietnam War, but since has expired.

Legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.