Posted on Wed, Apr. 23, 2008

According to the California State Center for Health Services, you do not need to be a California resident to marry in California.

Only an unmarried man and an unmarried woman may marry in California.

Marriage by proxy is not allowed in California. California Family Code, Section 420(a), requires the bride, the groom, the marriage officiant and the 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 a county or city clerk’s office to apply for a marriage license in California.

Valid picture identification is one that contains a photograph, a date of birth and an issue and expiration date, such as a state-issued identification card, a driver’s license, a passport or military identification. Some counties also may require a copy of both parties’ birth certificates.

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, contact the county clerk’s office to find out if it provides the service.

California Family Code, Section 400, states that the people authorized to solemnize marriage ceremonies in California are:

• • a priest, a minister or a rabbi of any religious denomination
• • a judge or a retired judge, a commissioner of civil marriages or a retired commissioner of civil marriages, a commissioner or a retired commissioner or an assistant commissioner of a court of record in this state
• • a judge or a magistrate who has resigned from office
• • any of these judges or magistrates of the United States:
• • a justice or a retired justice of the U. S. Supreme Court
• • a judge or a 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 a retired judge of a bankruptcy court or a tax court
• • a U. S. magistrate or a retired magistrate
• • a legislator or a constitutional officer of California or a member of Congress who represents a district within California, while that person holds office

Fees and hours of issuance for a marriage license may vary by county. Contact a county clerk or recorder’s office for the information by going online at www.dhs.ca.gov.

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 Web site.

You will not receive a copy of your marriage license aft er you have been married unless you request and pay for a certified copy from the county clerk or county recorder as applicable.

You may access an application to request a certified copy of a marriage certificate at: www.dhs.ca.gov/publications/forms/pdf/ vs113a.pdf.

All information on the marriage license must be legible, unambiguous and reproducible. Do not change any information on the license, 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 or have incorrect information contained on the marriage license.

For more information go online at www.dhs.ca.gov.