The following are frequently asked questions concerning California laws and how they apply to marriage.

CALIFORNIA MARRIAGE LICENSE, REGISTRATION AND CEREMONY INFORMATION

COUNTY CLERK:

The County Clerk issues public and confidential marriage licenses. The County Clerk is the local registrar of confidential marriages (Family Code, Section 511). The County Clerk maintains a permanent index of all confidential marriages registered.

GENERAL INFORMATION:

You do not need to be a California resident to marry in California.

Only an unmarried male and an unmarried female may marry in California.

Marriage by proxy is NOT allowed in California. Family Code, Section 420(a) requires the bride, groom, marriage officiant and witness if applicable, be physically present together in the same location for the marriage to be performed.

Blood tests are NOT required to obtain a marriage license in California.

Both parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license in California. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date, such as a state issued identification card, driver’s license, passport, military identification, etc. Some counties may also require a copy of your birth certificate.

If you have been married before, you will need to know the specific date your last marriage ended, and how it ended (Death, Dissolution, Divorce or Nullity). Some counties may require a copy of the final judgment if your previous marriage ended by dissolution or nullity.

Marriage licenses are valid for 90 days from the date of issuance. If you do not get married within 90 days, the license will no longer be valid. You must purchase a new license.

ALL information on the marriage license MUST be legible, unambiguous and reproducible. DO NOT change any information on the license, cross out information, and use white out, etc., as that will require the payment for and issuance of a duplicate marriage license. Contact the County Clerk’s Office if you have questions about completing the marriage license and/or incorrect information contained on the marriage license.

There are two types of marriage licenses commonly issued in California. The public marriage license and confidential marriage license. In addition to the general requirements listed above, there are additional requirements for each of the licenses listed below.

- PUBLIC MARRIAGE LICENSE:

You must be at least 18 years old. Persons under 18 with written consent from at least one parent (or legal guardian) AND permission from a California Superior Court Judge may marry. Emancipated minors are NOT exempt from this process. Contact the County Clerk’s Office in your county for further information regarding these requirements.

The marriage license may be obtained from any county in California. You are not required to get married in the county where you purchase the public marriage license; however, you must be married in California. You must file the license in the county where it was purchased.

You must have at least one witness present at your ceremony. The license contains a place for two witnesses if you prefer. You may NOT have more than two witness’s sign the official marriage license. Licenses received with more than two witnesses signatures will be returned to the officiant and a duplicate marriage license will need to be purchased.

There is no age requirement in California for witnesses, however, they must be old enough to know that they are witnessing a marriage ceremony, AND be able to sign their name on the official marriage license.

The marriage license is registered at the County Recorder’s Office in the county where the license was purchased, and is a public record. Anyone may request copies of the marriage license by submitting the required fee to the County Recorder.

Only one officiant may sign the marriage certificate as the solemnizer.

- CONFIDENTIAL MARRIAGE LICENSE:

As a State commissioned Notary Public, I can issue confidential marriage licenses. This kind of marriage license is ideal for high profile celebrities or couples wishing to keep their marriage anonymous since these marriage licenses are of confidential record. The bride and groom must be at least 18 years old to apply for a confidential marriage license. Minors may NOT purchase a confidential marriage license.

The bride and groom must be living together as husband and wife at the time they apply for the marriage license, and must sign an affidavit on the license attesting to those facts.

The couple MUST be married in the county where the license is issued.

No witnesses are required to be at the ceremony, AND no witnesses sign on the marriage license.

The marriage license is a confidential record and is registered at the County Clerk’s Office in the county where it was purchased. Only the bride or groom may purchase copies of the marriage license and must present valid picture identification together with the required fee to the County Clerk in order to do so. Persons other than the bride or groom requesting copies of a confidential marriage license may only do so by presenting a court order to the County Clerk in the county where the license is registered.

Copies of confidential marriages are not available from the state office.

Re: Wedding Officiant/Wedding Minister/
Wedding Celebrant

The marriage officiant, e.g., clergyperson or authorized individual, who performs the marriage ceremony, is required by law to complete the marriage license and return it to the County Recorder’s office within 10 days of the event for registration. For confidential marriages, the marriage license is returned to the County Clerk’s office for registration.

Many County Clerks in California perform civil marriage ceremonies in their offices.

California Family Code, Section 400 states the persons authorized to solemnize marriage ceremonies in California are as follows:

A priest, minister, or rabbi of any religious denomination.

A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.

A judge or magistrate who has resigned from office.

Any of the following judges or magistrates of the United States:

A justice or retired justice of the United States Supreme Court.

A judge or retired judge of a court of appeals, a district court, or a court created by an act of Congress the judges of which are entitled to hold office during good behavior.

A judge or retired judge of a bankruptcy court or a tax court.

A United States magistrate or retired magistrate.

A legislator or constitutional officer of this state or a member of Congress who represents a district within this state, while that person holds office.

The person solemnizing the marriage must return the original marriage license to the County Clerk or County Recorder as applicable within 10 days of the date of the ceremony. Addresses should be on the county site.

The County Recorder is the local registrar of public marriages (which includes declared and non-clergy marriages) under the direction of the State Registrar (Health and Safety Code, Sections 102285 and 102295).

The local official is required to see that a complete and acceptable certificate is filed for each marriage, and that each entry on the certificate is clear and unambiguous. Once reviewed for proper completion, the local official collects the certificates of marriage filed and transmit them to the state office on a monthly basis (Health and Safety Code, Section 102355).

An important function of the local registrar of marriages is to produce an index of marriages registered in his/her jurisdiction (Government Code, Section 27252).

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can never be kept;
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