California Marriage License Registration and Ceremony Information

California Marriage License, Registration and Ceremony Information

California Marriage License, Registration and Ceremony

Information

Welcome to the State of California, Department of Public Health’s web page. This web

page will give you general information regarding the requirements for the issuance and

registration of public and confidential marriage licenses in California, as well as answer

many frequently asked questions regarding the laws pertaining to marriage licenses and

ceremonies in California. For further information, please contact the County

Clerk/Recorder’s Office in the county where you will be applying for the marriage

license, or performing the marriage ceremony

(https://www.cdph.ca.gov/Programs/CHSI/Pages/County-Registrars-and-

Recorders.aspx).

The registration of public and confidential marriages in California is a local and state

function. The California Family Code provides for a continuous and permanent marriage

registration system. The system depends upon the conscientious efforts of local

officials, clergymen, and other officiants in preparing the original records and in certifying

the information on these records.

“Laws are mutually accepted rules by which, together, we maintain a free society.

Liberty itself is built on a foundation of law. That foundation provides an orderly process

for changing laws. It also depends on our obeying laws once they have been freely

adopted.” 1985 by Freedoms Foundations at Valley Forge.

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.

Marriage Officiant

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.

County Recorder

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 Registrar of Marriages

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 can hold up in a court

of law. Once reviewed for proper completion, the local official collects the certificates of

marriage filed and transmits them to the state office not less than quarterly (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).

GENERAL INFORMATION:

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

To marry in California, the two parties to the marriage may not be already

married.

Marriage by proxy is NOT allowed in California. Family Code, Section 420(a)

requires the two parties, 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 or in a State Registered Domestic Partnership (SRDP),

you will need to know the specific date your last marriage or SRDP ended, and

how it ended (Death, Dissolution, Divorce or Nullity). Some counties may require

a copy of the final judgment if your previous marriage or SRDP ended by

dissolution or nullity. An SRDP need not be dissolved prior to the issuance of a

marriage license if the parties to the SRDP and the parties to the marriage are

same.

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.

Many County Clerks in California perform civil marriage ceremonies in their

offices. For further information regarding civil marriage ceremonies, please

contact the County Clerk’s Office directly to see if they provide this service.

Persons Authorized to Solemnize Marriage

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:

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

o 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.

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

o 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.

 A person that holds or formerly held an elected office of a city, county, or city

and county.

 A city clerk of a charter city or serving in accordance with subdivision (b) of

Government Code Section 36501, while that person holds office.

Additional Information

All fees and hours of issuance for a marriage license may vary by county. Please

contact the County Clerk/Recorder’s Office directly to find out this information

(https://www.cdph.ca.gov/Programs/CHSI/Pages/County-Registrars-and-

Recorders.aspx.

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.

You will NOT receive a copy of your marriage license after you have been married

unless you request and pay for a certified copy from the County Clerk or County

Recorder as applicable. Download an application for a certified copy

(https://www.cdph.ca.gov/Programs/CHSI/Pages/Vital-Records-Obtaining-Certified-

Copies-of-Marriage--Divorce-Records.aspx).

ALL information on the marriage license MUST be legible, clear and reproducible. DO

NOT change any information on the license, cross out information, 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.

TYPES OF MARRIAGE LICENSES IN CALIFORNIA

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 witnesses 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.

Only one officiant may sign the marriage license as the person who solemnized

the marriage.

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 certificate by submitting the required fee to the County Recorder. Information

on obtaining certified copies is available on the CDPH website

(https://www.cdph.ca.gov/Programs/CHSI/Pages/Vital-Records-Obtaining-Certified-

Copies-of-Marriage--Divorce-Records.aspx).

CONFIDENTIAL MARRIAGE LICENSE:

The two parties to the marriage must be at least 18 years old to apply for a

confidential marriage license. Minors may NOT purchase a confidential marriage

license.

The couple must be living together as spouses at the time they apply for the

marriage license, and must sign an affidavit on the license attesting to that fact.

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 confidential

marriage license; however, you must be married in California. You must file the

license in the county where it was purchased.

TYPES OF MARRIAGE LICENSES IN CALIFORNIA (Continued)

CONFIDENTIAL MARRIAGE LICENSE (Continued)

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 couple may purchase copies of

the marriage certificate and must present valid picture identification together with the

required fee to the County Clerk in order to do so. Persons other than the parties to the

marriage requesting copies of a confidential marriage certificate 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.

FREQUENTLY ASKED QUESTIONS BY MARRIAGE OFFICIANTS:

1 . If I am deputized to perform marriages for a day, do I have to perform the

marriage in the county I was deputized in?

No. The authority of a commissioner or deputy commissioner of civil marriages to

solemnize marriages extends throughout the state. However, the deputy for a day

program varies and may not be available in all counties.

2 . Does a deputized commissioner of civil marriages have to be a California

resident?

No. Family Code, Section 401 contains no requirement that a deputized

commissioner of civil marriages be a California resident. Out-of-state or out-of-

country priests, ministers, or clergy persons may also perform marriages in

California if they are ordained or invested by a denomination.

3. Where do I register to perform marriages in California?

The laws of the State of California make it unnecessary for persons performing

marriages to file credentials with the clerk of the court or with anyone else. The

county and state are removed from any responsibility for verification of

credentials. The State does not maintain a central registry of members of the

clergy. Any such concern for verification is totally at the discretion of the parties

to the marriage.

4. What authorization do I need to perform a marriage in California?

In California, it is the ordination or investment by the denomination that gives

each clergy member the authority to perform the marriage rite. Family Code,

Sections 400-402 are the statutes pertaining to who can solemnize a marriage in

California.

FREQUENTLY ASKED QUESTIONS BY MARRIAGE OFFICIANTS

(Continued)

5. What statutes do I need to know to perform a marriage in California?

The marriage officiant who performs the marriage ceremony must know the

California laws regarding the performance of a marriage and the requirements for

officiants. Family Code, Sections 420-425 are the statutes pertaining to the

performance of a marriage in California. Please visit the legislative information

website for the full Family Code sections

(https://leginfo.legislature.ca.gov/faces/home.xhtml).

6. Can Captains of the Salvation Army perform marriages in California?

Yes. Captains of the Salvation Army are permitted to perform marriages in

California.

7. Can the captain of a ship solemnize a California marriage?

It depends. Ships’ captains have no authority to solemnize California marriages

unless they fall into one of the categories listed under Family Code Section 400-

401.

8. Can a Medicine Man perform marriages?

Yes. Native American religions are recognized as “denominations.” A religious

leader or a Shaman is authorized to perform marriages. If the title of the religious

leader is Medicine Man, then he is eligible to perform marriages.

9. How soon after the wedding ceremony do I need to return the marriage license?

Ten (10) days. Family Code Section 359(e) states, “The certificate of registry

shall be returned by the person solemnizing the marriage to the county recorder

of the county in which the license was issued within 10 days after the ceremony.”

10. When is a duplicate marriage license issued?

According to Family Code Section 360, “(a) If a certificate of registry of marriage

is lost or destroyed after the marriage ceremony but before it is returned to the

county recorder, the person solemnizing the marriage, in order to comply with

Section 359, shall obtain a duplicate certificate of registry by filing an affidavit

setting forth the facts with the county clerk of the county in which the license was

issued. (b) The duplicate certificate of registry may not be issued later than one

year after issuance of the original license and shall be returned by the person

solemnizing the marriage to the county recorder within 10 days after issuance.”

Contact the County Clerk in the county where the license was issued to find out

the cost and process for issuing duplicate marriage licenses.

FREQUENTLY ASKED QUESTIONS BY MARRIAGE OFFICIANTS

(Continued)

11. Do I have to review the marriage license prior to solemnizing the marriage?

Yes. The marriage license must be reviewed by the marriage officiant prior to

solemnizing the marriage. Any person who solemnizes a marriage without first

reviewing the license is guilty of a misdemeanor (Penal Code, Section 360).

12. What statutes pertain to confidential marriages?

Please visit the legislative information website for the pertinent Family Code,

Sections 500-511 (https://leginfo.legislature.ca.gov/faces/home.xhtml).

13. A couple comes into the Recorder’s Office and presents their marriage certificate

issued in a foreign country. They want the Recorder’s Office to record their foreign

marriage certificate in California. Can their marriage be recorded in California?

No. A foreign marriage certificate cannot be recorded in California. If the couple

needs to establish a record of the marriage in California, they can file a petition in

Superior Court to establish a Court Order Delayed Certificate of Marriage.

14. Will I automatically receive an official copy of my marriage license?

No. You must request and pay an additional fee to receive an official (certified)

copy of your marriage certificate. Download an application for a certified copy

(https://www.cdph.ca.gov/Programs/CHSI/Pages/Vital-Records-Obtaining-

Certified-Copies-of-Marriage--Divorce-Records.aspx).

15. Can I have more than two witnesses sign on my public marriage license?

No. The public marriage license requires the signature of one witness, and if

desired, has a place for an additional witness. No more than TWO witnesses

may sign on the public marriage license. Only one signature per line is allowed.

No witnesses may sign on the confidential marriage license.

16. Can an ordained minister from another state perform a marriage ceremony in

California?

Yes. If they are authorized under Family Code Section 400, out-of-state ministers

may perform marriages.

17. Can an ordained minister perform a marriage ceremony for multiple couples at the

same time?

Yes. There is nothing that prohibits multiple couples from being married at the

same time.