Understanding the Ins and Outs of California Marriage Law

If you have not yet set a date for your California wedding, this could be a good time to bone up on California marriage law. To learn this vital information and what documents to bring with you when you apply for a marriage license, read on:

Requirements may vary with each California county. You need to be fully aware of the California marriage law specifically applicable in the town or county where you expect to get married.

To establish your identity and age, the state needs an authentic picture ID, such as a driver’s license. Some counties insist also on certified copies of birth certificates other documents, so you need to inquire what you'll need in your area.

It is advisable that you call the relevant California County or City Clerk's office for an appointment when you want to be briefed. If you show up without an appointment, you may end up having to spend as long as two hours waiting in a queue.

California marriage law requires no prior residence in the state. This means you do not have to live in California to marry there. The state does not put you through a waiting period, nor blood or other medical tests.
 
When you fill out the license application, you need to know your parents’ names, including your mother’s maiden name, and in what state and city each parent was born.

California provides for a Confidential Marriage License – the ordinary one goes on the public record, and requires a witness. This confidential one requires neither, but is usable only within the county where it is applied for.
 
If you have been previously married, you must show proof of spousal death, annulment or divorce. If divorced within the previous 90 days (this changes from one county to another), you must produce a copy of your final divorce decree.

California marriage law specifies license fees between $45.00+ and $84+, which again is not the same for all the counties in the state. Some accept only cash payment for this fee. Upon issuance, a license is valid for 90 days all over the state.

If either the bride or the groom is under the age of 18, California marriage law has a simple provision. The young person’s parents or legal guardian must appear with the applying couple. Certified copies of birth certificates are required. The couple must also meet with a counselor and gain approval from the court of a California Superior Court judge.

Proxy marriages are allowed in the state, but only for serving military personnel who are stationed far away in wars or conflicts. California marriage law enables them to give a power of attorney to someone who stands in for them during the wedding ceremony.

The state also permits cousin marriages. It does not permit California common law marriage or same-sex marriages, but has the California Domestic Partnership Certificate to effectively replace the inheritance and property related aspects of common law marriage provisions of other states.
 
Same-sex marriages that were permitted and performed in the state between June and November 2008 remain valid. Since the November 2008 ban, gay couples can still apply for a Domestic Partnership Certificate in the state.

Who Can Conduct a Marriage in California?

California permits a variety of people to perform a marriage service. A clergy of recognized faiths, justices, judges, magistrates and marriage Commissioners, serving or retired can do so. A few California counties allow a family member or a friend to officiate at civil marriage ceremonies under the Deputy for a Day program. In all cases, you must contact the County Recorder's Office in the county in which the marriage occurred to obtain a certified copy of a marriage license after the ceremony.