California Marriage Law

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed August 19, 2024

California marriage law covers the rules for getting married in the state. This includes who can marry, how to get a marriage license, and the types of marriages California law recognizes. Whether you are thinking about a traditional marriage or a domestic partnership, knowing these laws is important to ensure your marriage is legal and protected.

Types of Marriage in California

California recognizes several types of marriages under state laws. Civil marriage encompasses traditional unions between a man and a woman as well as same-sex marriages, both of which are fully legal and valid. Marriage in California became available to gay couples after the U.S. Supreme Court overturned Proposition 8, which banned same-sex marriage.

Domestic partnership provides similar state-level rights as a civil marriage but lacks federal recognition and requires registration with the state. A civil marriage is federally recognized and involves a traditional marriage license and ceremony. California does not recognize common-law marriage. But, it honors marriages legally performed in other states that recognize common law marriage.

Legal Requirements for Marriage in California

In California, state law requires that both people freely consent to the marriage and have the capacity to be considered a legal marriage. Capacity means you must be of sound mind. This means you can comprehend the responsibilities and commitments involved. Mental illness does not disqualify someone from marrying, provided they understand their obligations. Physical inability to consummate the marriage does not impact its validity.

Couples must also get a marriage license from a county clerk's office and be 18 years of age or older. If you are under 18, you must get parental consent. If either party was married before, they must show proof of the dissolution of any prior marriages to ensure a valid marriage.

For general information, see Marriage Requirements Basics: Consent, Age, and Capacity.

Minors and Marriage in the Golden State

California does allow minors to marry if the minor is capable of consenting to the marriage upon getting a court order granting permission for the underage people to marry.

Before getting a court order, the court may force the minors to go through non-denominational premarital counseling. The court may set a reasonable fee for this program. Also, the minors will need to get written permission from at least one parent of the minor (or each minor) to marry. They must file this with the court clerk along with the court order granting permission to marry. They must take a certified copy of the order to the county clerk to get a marriage license.

Marriage License Requirements

In California, couples must get a marriage license from the county clerk before their marriage ceremony. This license is valid for 90 days, so it is important to plan the ceremony within this timeframe.

After the marriage ceremony, someone must take the completed marriage certificate to the county recorder's office that issued the license within 10 days. This ensures that the marriage gets officially recorded and can be used for legal purposes such as a name change.

California Marital Rights and Responsibilities

In California, marriage grants couples a range of legal rights and responsibilities. These include the right to make medical decisions for each other, the ability to inherit property without a will, and the responsibility to support each other financially. Also, married couples are entitled to community property rights. This means that assets and debts acquired during the marriage are generally shared equally. Both spouses must also adhere to state laws about divorce and separation, which can involve equitable distribution of property and spousal support.