Obtaining a California Marriage License

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 What Are the General Requirements for a Marriage License in California?

In the State of California, marriage license requirements stipulate that both parties must be at least 18 years old or have guardian consent if younger. They need to present valid identification, and there’s no residency requirement, meaning out-of-state couples can wed in California.

Additionally, both parties need to be present to apply for the license. The requirements apply uniformly, regardless of whether it’s a same-sex marriage or an opposite-sex marriage.

How Long Does It Take To Get a Marriage License in California?

Upon application, a marriage license is issued immediately in California. However, after the ceremony, the officiant and at least one witness must sign it. After that, it must be returned to the county from which it was issued. The couple then receives an official (certified) copy, typically a few weeks after the county records it.

In California, Who Can Solemnize My Marriage Ceremony?

A variety of people can solemnize a marriage in California, including ministers, priests, rabbis, and even judges. In some cases, a couple may even choose a friend or relative to become a Deputy Commissioner of Civil Marriages for a Day through the county to officiate their special day.

Depending on your preference, religious beliefs, or unique circumstances, there’s likely a suitable officiant for everyone. Here’s a more detailed look at each option:

Ministers, Priests, and Rabbis

Typically, ordained members of religious organizations are legally allowed to officiate weddings. Ordination requirements vary across religions and denominations, so it’s essential to ensure the chosen officiant is duly ordained.

While the State of California does not require ministers to register with the county or state, it’s always a good idea to verify the officiant’s credentials to avoid potential legal issues.

Many couples prefer religious leaders because they often combine legal solemnization with religious customs, ensuring that both the spiritual and legal aspects are addressed.

Judges

Both active and retired judges in California are permitted to officiate weddings.

For active judges, you’ll need to arrange the ceremony around their court schedules. Retired judges, on the other hand, may offer more flexibility.

Deputy Commissioner of Civil Marriages for a Day

In California, the “Deputy for a Day” program allows a friend or relative to officiate a wedding ceremony. This person does not have to be a resident of California.

The interested individual must apply at the county clerk’s office, where the marriage will be solemnized. Typically, this involves filling out an application, paying a fee, and undergoing a brief training or orientation session.

As the title suggests, the Deputy Commissioner status is valid for just one day and for one ceremony. It’s a perfect way for couples to add a personal touch to their ceremony by having someone they are close to officiate.

Making the Choice

When selecting who will solemnize your marriage, consider your personal preferences, religious or secular beliefs, and the intimacy or formality you want for your ceremony. Always make sure to verify the legal standing of your chosen officiant in California and be aware of any paperwork or processes they might require in advance.

Ensuring that your chosen officiant has the proper legal standing to solemnize marriages in California is crucial to avoid complications or questions about the legitimacy of your union later on.

One of the first steps you can take is to ask for their credentials. Most ordained ministers, priests, or rabbis will have an official document proving their ordination.

If it’s a judge, especially a retired one, you can ask about their years of service or look them up on official court websites.

If you’re specifically looking for a religious leader to officiate, consider reaching out to their place of worship or the overarching body of their religious organization to confirm their good standing.

Online resources are handy for verification, too. Many professional and religious organizations maintain online directories where you can check the standing of their members. If you’re thinking about hiring a professional wedding officiant, they might have reviews or a verification system on their website. Another measure is asking them for references from other couples they’ve worked with.

No matter who the officiant is, it’s essential to discuss the process of signing the marriage license. They should be aware of when and how to sign and how to return the license to ensure your marriage is legally recorded.

Being proactive and familiarizing yourself with California marriage laws can also help. By understanding these requirements, you’ll be better equipped to ensure your officiant is compliant. If ever in doubt, reaching out to a family law attorney or the county clerk’s office is always a wise move.

Marriage License Types

In California, when it comes to tying the knot, couples have two primary marriage license options to choose from: public and confidential licenses. Each type has distinct features and requirements tailored to suit different needs and circumstances.

Public Marriage License

A public marriage license in California is the more commonly recognized form of the two. It provides the basic legal documentation for a couple to marry and for the marriage to be publicly recognized.

  • Location Specific: One essential aspect of the public marriage license is the requirement for the marriage ceremony to take place within the county that issued the license. So, if a couple obtains a license from San Diego County, the wedding ceremony must also be held in San Diego County.
  • Public Record: After the marriage ceremony, the signed license is returned to the county office and then recorded, making it a public record. This means that any member of the public can request a copy of the marriage license or search for the record.

Confidential Marriage License

While the confidential marriage license might sound secretive, it’s a legitimate option available to couples who meet specific criteria.

  • Cohabitation Requirement: The primary criterion for obtaining a confidential marriage license is that the couple must already be living together. This cohabitation is a mandatory prerequisite.
  • Privacy: As the name suggests, a confidential marriage license is just that—confidential. Once the license is filed after the ceremony, it isn’t available for public viewing. Only the couple can request and obtain copies of the marriage record.
    • This offers an added layer of privacy for those who wish their marital status to remain undisclosed to the general public.
  • Location Flexibility: Unlike the public license, a confidential marriage license doesn’t restrict the couple from marrying in the county that issued the license. They can choose any location within the state of California for their ceremony.

For couples deciding between these two licenses, it’s essential to weigh the benefits and restrictions of each. Whether they value location flexibility, public record transparency, or privacy, a confidential license offer will guide their choice.

Bring Your Documents

Before heading to the county clerk’s office, ensure you have all the necessary documentation. Typically, this includes a valid photo ID (like a driver’s license or passport) and, if previously married, a copy of the final judgment if you were divorced within the last 90 days. If changing one’s name after marriage, it’s best to ensure all documents reflect the change of one’s name after marriage accurately.

Get Hitched

With a valid State of California marriage license in hand, you can have your ceremony. Remember, though, an invalid marriage license or not having the ceremony within 90 days of the license issuance can mean you’re not legally wed.

Should I Hire a Lawyer?

Many aspects of getting married are straightforward. However, there might be times when legal intricacies arise, such as issues with invalid marriage licenses or navigating the specifics of same-sex marriage rights. In such instances, it’s wise to seek legal guidance.

Considering a union’s legal implications, it’s always a good idea to ensure everything is in order. If you’re facing uncertainties or complications, consult with a California family lawyer. They can provide clarity and peace of mind.

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