Questions & Answers
Center for Health Statistics
Office of Vital Records
|
Welcome to the State of California, Department of Health Services 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 or County Recorder’s Office in the county
where you will be applying for the marriage license.
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, drivers 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.
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.
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.
All fees and hours of issuance for a marriage license may
vary by county.
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 a copy of
the Application
for Certified Copy of Marriage or Divorce Record (VS 113A).
ALL information on the marriage license MUST be
legible, unambiguous 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.
|
