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Marriage - State Laws
California


California


Appointment Suggested: It is recommended that you call the County or City Clerk's office to see if they suggest setting an appointment.

ID Requirement: Picture ID such as driver's license or other valid identification. Some counties recommend bringing certified copies of your birth certificates. Know your parents names, mothers' maiden name and places of their birth.

Application Requirement: Both the bride and groom must appear in person at the time of applying.

Residency Requirement: Do not have to be a resident of Califorina.

Waiting Period: No waiting period.

Previous Marriages: You must show proof of divorce, death or annulment. You need to bring a copy of your final divorce decree if you have divorced within the 90 days through past year (varies by county.)

Fees: $40.00. Some counties will only accept cash.

Other Tests: No tests.

Under 18: If either the bride or groom is under 18, at least one of the minor's parents, or legal guardian, must appear with the couple. Certified copies of birth certificates are required. The couple must also schedule an appointment with a counselor and then appear before a superior court judge.

Proxy Marriages: No.

Cousin Marriages: Yes.

Common Law Marriages: No.

Same Sex Marriages: No. However, Domestic Partnership Certificates are available in San Francisco Marin Counties. One partner must live or work in that county and both must have photo ID.

Officiants: Any priest, minister, or rabbi of any religious denomination, of the age of 18 years or over may perform marriages. Ministers must complete the marriage license and return it to the county clerk within 4 days after the marriage.

Valid: License is valid for 90 days within the state of California.

Confidential License: A regular marriage license is a public record. A license and Certificate of Confidential Marriage is only accessible by the husband, wife, or by decree signed by a superior court judge. At least one witness is required to observe the solemnization for a regular, public ceremony. No witnesses are required to observe a confidential marriage ceremony. A regular license may be used throughout the state. However, the confidential license may only be used in the county of issue. The confidential license costs $80.00.

Solemnization Authority:
Marriage may be solemnized by any of the following who is of the age of 18 years or older:
1. A Priest, minister, or rabbi of any religious denomination.

2. A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.

3. A judge or magistrate who has resigned from office.

4. Any of the following judges or magistrates of the United States:
- A justice or retired justice of the United States Supreme Court.
- A judge or 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 retired judge of a bankruptcy court or a tax court.
- A United States magistrate or retired magistrate.
- A legislator or constitutional officer of this state or a member of Congress who represents a district within this state, while that person holds office.

Each county offers civil ceremonies performed by a judge or commissioner. The cost is approximately $40.00.

Valid: License is valid for 90 days.


If you think you might have a Marriage case, Contact our Marriage Lawyers Immediately for Help.


Marriage Resource Center

  • Answers and Information
    Answers to frequently asked questions about marriage.

     

  • The Process
    A step-by-step guide to the legal side of Marriage.
  • Prenuptial Agreements
    An overview of Prenuptial Agreements.
  • Common Law
    A overview of Common Law Marriage.
  • Same Sex Couples
    An overview of the history and current status of Same-Sex Marrriage and the legal implications.
  • State Laws
    A list of states and their Marriage Laws.
  • Additional Topics
    An overview of additional topics pertaining to Marriage.
  • Money and Property
    A guide to money and property issues for married couples and those preparing for marriage.






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    We offer many ways to find Marriage lawyers in order to best match up our lawyers with prospective clients. Detailed Marriage lawyer videos help you learn more about different attorneys and their Marriage practices.

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    August 28, 2008
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