Tuesday, February 17, 2009

The Cherry on Top: The Marriage License


Photo from Brides

Ahh... the marriage license. It's certainly not the sexiest part of wedding planning, just a quick bureaucratic trip to the County Clerk, but this is one detail that cannot fall through the cracks because without it, you will not be legally married. For me, this was the point when it all felt like it was real. Sort of like the cherry on top of all of the planning right before you're about to dig into that delicious wedding sundae.

However satisfying and essential, even my most "Type A" couples seem to avoid handling this important detail until the very last minute... I can't figure it out! Admittedly, you must obtain it within 90 days of your wedding because beyond 90 days it is no longer valid, but waiting until the final week is definitely out of my comfort zone!

Each state has different requirements... so if you're not getting married in CA, check the state where you will be married for info that applies to you. Here's the scoop (no pun intended) about obtaining a marriage license taken directly from the State of California Public Health Dept.

You do not need to be a California resident to marry in California.

To marry in California, the two parties may not be already married to each other or other individuals.

Marriage by proxy is NOT allowed in California. Family Code, Section 420(a) requires the two parties, marriage officiant and 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 the County Clerk’s Office to apply for a marriage license in California. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date, such as a state issued identification card, drivers license, passport, military identification, etc. Some counties may also require a copy of your birth certificate.

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 licensewill 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, please contact the County Clerk’s Office directly to see if they provide this service.

California Family Code, Section 400 states the persons authorized to solemnize marriage ceremonies in California are as follows:


  • A priest, minister, or rabbi of any religious denomination.

  • 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.

  • A judge or magistrate who has resigned from office.

  • 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.

  • All fees and hours of issuance for a marriage license may vary by county.

    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 site.

    You will NOT receive a copy of your marriage license after you have been married unless you request and pay for a certified copy from the County Clerk or County Recorder as applicable.

    ALL information on the marriage license MUST be legible, unambiguous and reproducible. DO NOT change any information on the license, cross out information, use white out, etc., 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 and/or incorrect information contained on the marriage license.

    There you have it! Now go forth and be married!

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