Applying for and Obtaining a Legal California Marriage License

Getting married? Congratulations! You should know however that there are marriage license regulations that need to be followed everywhere in the US, and of course in the State of California as well. But before you start the preparations and apply for that California marriage license, you must know that these marriage regulations are always subject to change.

Before you submit your application, be sure to check with the relevant county office on everything from the regulations and procedure to addresses and working hours. If you were to approach one of these offices, they might ask you which California marriage license you want. This is because California has not one, but two kinds of marriage licenses. Both are of course valid only within the state, and both cost the same at $40.

One is the regular California marriage license. It may be used anywhere in the state. It is a document of public record. It requires a minimum of one witness to a ceremony that is public, and this is the one most people opt for, because this is what they need.

There is however one more and that is referred to as the 'confidential California marriage license.' This one can be used only in the county of issue. The ceremony that ensues is confidential too, and requires no witness to observe it. The certificate for that ceremony can be accessed only by the husband and wife, or the signed decree of a superior court judge.

Both types of licenses are valid for 90 days, and must be payable in some counties only by cash. California requires no previous residency, no waiting period and no medical tests.

Other Regulations in the State Of California You Should Know

The state permits no proxy or common law marriages. Cousins may marry, but not same-sex couples, for whom Domestic Partnership Certificates are available in San Francisco and the Marin Counties. One partner must live or work in that county and both must have a photo ID.

Any ordained priest, rabbi or cleric of a recognized religious denomination above 18 years of age can conduct a California marriage ceremony. Each county also offers the services of a judge or commissioner.

The State of California also authorizes these parties to conduct the marriage:

•    A legislator or constitutional officer of the state or a member of the Congress representing a California district, while in office
•    Anyone from several ranks of serving or retired judges from the US Supreme Court, a court of appeals, a district court or one created by an act of Congress, a bankruptcy or tax court
•    A serving or retired US magistrate, commissioner of civil marriages, commissioner or assistant commissioner of a court of record in the state
•    A judge or magistrate who has resigned from office

This official must complete the marriage license and return it to the county clerk within 4 days after the marriage, to be issued as a formal marriage certificate.

To be eligible for a California marriage license, you need to submit valid proofs of birth, age and identity, such as a driver’s license and other recognized ID cards. Some counties recommend certified copies of birth certificates, and identification documents of both parents such as the names (including the mothers’ maiden names) and places of birth.

If either applicant is under 18, at least one of the minor's parents or legal guardian must be present, and certified copies of birth certificates produced. You must also meet a counselor and then appear before a superior court judge, whose nod will entitle you to a California marriage license.

Finally, if either party has been married previously, you must produce proof of divorce, death or annulment.