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Applying for a Marriage License in California

By Sheri & Bob Stritof, About.com

If you've just set a date for your wedding, this can be an exciting time for the two of you! Don't let the marriage license laws of California put a dent in your wedding plans.

Here's what you need to know and what documents to bring with you before you apply for a California marriage license. We recommend getting this legal aspect of your wedding out of the way about a month before your wedding date.

Congratulations and much happiness as you begin your lifetime journey together!

Requirements may vary as each county in California could have their own requirements.

Call for Appointment:

It is recommended that you call the California County or City Clerk's office to see if they suggest setting an appointment. You could find yourselves in a long line with as much as a 2 hour wait without an appointment in some California locales.

ID and California Residency Requirements:

California requires a picture id such as Drivers License or other valid identification. Some counties recommend bringing certified copies of your birth certificates.

You do not have to be a resident of California to apply for a marriage license there.

Information you need to know before you start filling out the marriage license application:

  • Where each of your parents were born (city and state)
  • The names of your parents including your mother’s maiden name

Confidential License in California:

If you have lived together as a married couple, you can apply for a confidential license. This means there is no public record of your marriage.

Previous Marriages:

You must show proof of divorce, death or annulment. You need to bring a copy of your final divorce decree if you have divorced within the 90 days through past year (varies by county).

California Waiting Period:

There is no waiting period in California.

Fees:

It will cost you $45.00+ to get married in California. The cost of receiving a marriage license varies from county to county and some California counties will only accept cash ... so don't leave home without some cash!

Other Tests:

California doesn't require blood tests.

Under 18:

If either the bride or groom is under 18, at least one of the minor’s parents, or legal guardian, must appear with the couple. Certified copies of birth certificates are required. The couple must also schedule an appointment with a counselor and then appear before a California superior court judge.

Proxy Marriages:

Yes, proxy marriages are allowed in California but on a very limited basis. Only members of the armed forces who are stationed far away in wars or conflicts can apply for a proxy marriage. The California proxy marriage law allows military personnel to give their power of attorney for someone to stand in for them during their wedding ceremony.
More information on California proxy marriages

Cousin Marriages:

Yes.

Common Law Marriages:

No.

Same Sex Marriages:

No. Was Yes. Gay couples had two options in California.
  • As of 6/16/08, due to the May 2008 ruling of the California Supreme Court, same-sex marriage was legal in California. That was changed with the passage of Proposition 8 in November 2008.
  • Gay couples can still apply for a Domestic Partnership Certificate. More info
  • Kathy Belge: "Currently married couples are filing law suits to challenge Prop 8. Gay and lesbian couples are no longer allowed to marry in California, but the outcome of those currently married is yet to be decided."
    Source: Kathy Belge. "Prop 8 in California Passes." LesbianLife.about.com. 11/7/08.

    5/15/08 California Supreme Court: "... the right to marry in California extends equally to all, gay and straight alike."
    Source: Bob Egelko. "State's top court strikes down marriage ban." SFGate.com. 5/16/08.

    Officiants in California:

    Clergy, Justices, Judges, Magistrates, Marriage Commissioners (current or retired).
    Frequently Asked Questions by Marriage Officiants

    A few California counties allow a member of your family or a friend to officiate at your civil marriage ceremony.
    Deputy for a Day Program

    Miscellaneous:

    License is valid for 90 days.

    Copy of Certificate of Marriage:

    You have to contact the County Recorder's Office in the county in which the marriage occurred to get a certified copy of a marriage license.

    PLEASE NOTE:

    State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.

    It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans.

    Please notify us of any oversights or errors.

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