Tying the Knot in California: A Comprehensive Guide to Obtaining Your Marriage License
Planning a wedding is an exciting journey, and one of the first crucial steps is obtaining a marriage license. In California, this process is relatively straightforward, but it’s essential to understand the requirements and procedures to ensure a smooth and stress-free experience. This comprehensive guide will walk you through everything you need to know about applying for a marriage license in California.
Who Can Get Married in California?
Before diving into the application process, let’s clarify who is eligible to get married in California.
* **Age:** Both applicants must be at least 18 years old. If either applicant is 16 or 17, they will need a court order granting permission to marry and the written consent of at least one parent or legal guardian. This process involves filing a petition with the Superior Court in the county where the minor resides. It’s significantly more complex and time-consuming, so it’s crucial to start early.
* **Relationship:** The couple cannot be closely related (e.g., siblings, parents, or grandparents). California law prohibits marriage between ancestors and descendants, siblings (whole or half-blood), and first cousins (unless both are 65 or older, or both are older than 55 and the court grants permission).
* **Marital Status:** Both applicants must be single. This means they cannot be currently married to someone else. If either applicant is divorced, they must have finalized their divorce before applying for a marriage license. Similarly, if either applicant is widowed, they are eligible to marry.
* **Mental Capacity:** Both applicants must be of sound mind and capable of understanding the nature of the marriage contract.
* **Consent:** Both applicants must freely and voluntarily consent to the marriage.
## Types of Marriage Licenses in California
California offers two types of marriage licenses:
* **Public Marriage License:** This is the standard type of marriage license and is available to all eligible couples. The marriage record becomes a public record, accessible to anyone upon request.
* **Confidential Marriage License:** This type of license is available only to couples who are already living together as spouses. The marriage record is not accessible to the public and is only available to the couple, their children, or by court order. To obtain a confidential marriage license, both applicants must declare that they are living together as husband and wife.
Choosing the right type of license depends on your individual circumstances and preferences. If you’re already living together and value privacy, a confidential marriage license might be the better option. Otherwise, a public marriage license is the more common choice.
## Steps to Apply for a Marriage License in California
The application process for a marriage license in California generally involves these steps:
**1. Research County Requirements:**
Marriage license requirements can vary slightly from county to county in California. It’s always a good idea to check the specific requirements of the county where you plan to apply. You can typically find this information on the county clerk’s website. Search for the county clerk’s office followed by “marriage license.” For example, “Los Angeles County Clerk marriage license.”
**2. Gather Required Documents and Information:**
Before heading to the county clerk’s office, gather all the necessary documents and information. Generally, you’ll need the following:
* **Valid Government-Issued Photo Identification:** This could be a driver’s license, passport, or other official ID. The ID must be current and valid.
* **Social Security Numbers (if applicable):** While you don’t need to present your Social Security card, you will need to provide your Social Security number if you have one. If you don’t have a Social Security number, you’ll need to declare this on the application.
* **Certified Copy of Divorce Decree or Death Certificate (if applicable):** If either applicant has been divorced or widowed, they will need to provide a certified copy of the divorce decree or death certificate to prove that the previous marriage has been legally terminated. A photocopy is usually not acceptable; it must be a certified copy issued by the court or vital records office.
* **Fees:** There is a fee for obtaining a marriage license, which varies by county. Check the county clerk’s website for the current fee and accepted payment methods. Common payment methods include cash, check, money order, and credit card (though some counties may not accept all of these).
* **Information about Parents:** You’ll need to provide information about your parents, including their full names (including maiden names), dates of birth, and places of birth (city and state/country). This information is required for statistical purposes.
**3. Complete the Marriage License Application:**
You can typically complete the marriage license application in one of two ways:
* **Online Application:** Many counties in California offer an online marriage license application. This allows you to complete the application from the comfort of your own home and save time at the county clerk’s office. You’ll still need to appear in person with your partner to finalize the application and present your required documents. The online application usually remains valid for a specific period, such as 30 or 60 days. Make sure to check the validity period for your county.
* **In-Person Application:** You can also complete the marriage license application in person at the county clerk’s office. This involves filling out a paper application and submitting it to the clerk. While this method doesn’t require internet access, it may take longer due to potential wait times.
When completing the application, be sure to answer all questions accurately and truthfully. Any false information could invalidate the marriage license.
**4. Appear in Person at the County Clerk’s Office:**
Both applicants must appear in person at the county clerk’s office to finalize the marriage license application. This is typically required even if you have already completed the online application. When you appear in person, you will need to:
* **Present your valid government-issued photo identification.**
* **Provide any required documents, such as a certified copy of a divorce decree or death certificate.**
* **Pay the marriage license fee.**
* **Take an oath attesting to the accuracy of the information provided on the application.**
* **Have your fingerprints taken (in some counties).**
Be prepared to answer any questions the county clerk may have. The clerk will review your application and documents to ensure that you meet all the requirements for obtaining a marriage license.
**5. Receive Your Marriage License:**
Once the county clerk has approved your application, you will receive your marriage license. This is an important document that you will need to keep safe. The marriage license is not the same as a marriage certificate. The marriage license authorizes you to get married, while the marriage certificate is the official record of your marriage.
**6. The Marriage Ceremony:**
After you obtain your marriage license, you have 90 days to get married in California. The marriage ceremony must be performed by an authorized person, such as a priest, minister, rabbi, judge, or notary public. Some counties also allow a designated “deputy marriage commissioner for a day” who is appointed by the county clerk to perform a single marriage ceremony.
During the ceremony, you and your partner will exchange vows and declare your intent to marry. The officiant will then sign the marriage license, along with two witnesses. The witnesses must be at least 18 years old and must have been present during the ceremony.
**7. Return the Signed Marriage License:**
After the ceremony, the officiant is responsible for returning the signed marriage license to the county clerk’s office within 10 days of the ceremony. This is a crucial step in the process, as it officially records your marriage with the state of California.
**8. Obtain Your Marriage Certificate:**
Once the county clerk has received the signed marriage license, they will record it and issue a marriage certificate. This is the official legal document that proves you are married. You will need to request a certified copy of your marriage certificate from the county clerk’s office. You may need to pay a fee for this service.
You will need a certified copy of your marriage certificate for various purposes, such as changing your name, updating your driver’s license, obtaining health insurance, and filing taxes.
## Important Considerations
* **License Validity:** A California marriage license is valid for 90 days from the date of issuance. You must get married within this timeframe, or the license will expire, and you will need to apply for a new one.
* **Location of Ceremony:** The marriage ceremony must take place within the state of California. You cannot use a California marriage license to get married in another state or country.
* **Blood Tests:** California does not require blood tests for marriage license applicants.
* **Proxy Marriages:** California does not allow proxy marriages, where one or both applicants are not physically present at the ceremony.
* **Common Law Marriage:** California does not recognize common law marriage. To be legally married in California, you must obtain a marriage license and have a marriage ceremony performed by an authorized person.
* **Name Change:** Obtaining a marriage license does not automatically change your name. If you wish to change your name, you will need to follow the legal procedures for name changes in California. You can typically do this as part of the marriage license application process or by filing a separate petition with the court. The marriage certificate serves as the legal document needed to make changes to social security, driver’s license, and other official records.
## County-Specific Information and Resources
As mentioned earlier, specific requirements and procedures can vary from county to county. Here are some helpful resources for obtaining information about marriage licenses in some of the larger counties in California:
* **Los Angeles County:** [https://lavote.gov/home/records/marriage-licenses/apply-marriage-license](https://lavote.gov/home/records/marriage-licenses/apply-marriage-license)
* **San Diego County:** [https://arcc.sdcounty.ca.gov/services/Pages/marriage.aspx](https://arcc.sdcounty.ca.gov/services/Pages/marriage.aspx)
* **Orange County:** [https://www.ocrecorder.com/services/marriage-licenses](https://www.ocrecorder.com/services/marriage-licenses)
* **Riverside County:** [https://www.rivcoclerkrec.us/marriage-licenses](https://www.rivcoclerkrec.us/marriage-licenses)
* **San Bernardino County:** [https://www.sbcounty.gov/arc/ml.asp](https://www.sbcounty.gov/arc/ml.asp)
* **Santa Clara County:** [https://www.sccgov.org/sites/recorder/services/Pages/marriage.aspx](https://www.sccgov.org/sites/recorder/services/Pages/marriage.aspx)
* **Alameda County:** [https://www.acgov.org/clerk/ml.htm](https://www.acgov.org/clerk/ml.htm)
* **Sacramento County:** [https://clerk.saccounty.gov/Pages/Marriage.aspx](https://clerk.saccounty.gov/Pages/Marriage.aspx)
* **Contra Costa County:** [https://www.contracosta.ca.gov/141/Marriage-License](https://www.contracosta.ca.gov/141/Marriage-License)
* **Fresno County:** [https://www.fresnocountyca.gov/government/department-of-the-clerk-registrar-of-voters/clerk-s-office/marriage-licenses](https://www.fresnocountyca.gov/government/department-of-the-clerk-registrar-of-voters/clerk-s-office/marriage-licenses)
This list is not exhaustive, so be sure to check the website of the county clerk’s office in the county where you plan to apply.
## Common Mistakes to Avoid
* **Failing to bring required documents:** Make sure you have all the necessary documents before heading to the county clerk’s office. This includes your valid photo ID, Social Security number (if applicable), and certified copies of divorce decrees or death certificates (if applicable).
* **Providing inaccurate information:** Double-check all the information on your application to ensure it is accurate and truthful. Any false information could invalidate the marriage license.
* **Missing the deadline:** Remember that a California marriage license is valid for only 90 days. Make sure you get married within this timeframe.
* **Not returning the signed marriage license:** The officiant is responsible for returning the signed marriage license to the county clerk’s office within 10 days of the ceremony. Ensure that this is done promptly.
* **Forgetting to request a certified copy of the marriage certificate:** You will need a certified copy of your marriage certificate for various legal purposes. Be sure to request it from the county clerk’s office after your marriage has been recorded.
## Conclusion
Obtaining a marriage license in California is a relatively simple process, but it’s essential to understand the requirements and procedures. By following the steps outlined in this guide, you can ensure a smooth and stress-free experience and start your married life on the right foot. Remember to research county-specific requirements, gather all the necessary documents, complete the application accurately, and return the signed marriage license promptly. Congratulations on your upcoming marriage!