California Marriage License Requirements

All states have their own marriage requirements. California’s are similar to those of other states, with a few minor exceptions. All participants in a marriage ceremony in California must have a marriage license. California does not recognize common-law marriage, but it does recognize couples who move from states that do.

The County Clerk’s office issues marriage licenses. Other basic requirements are having an eligible officiant and filing the license with the County Recorder’s office within ten days.

Outside of some basic requirements, any consenting adults may wed in the state of California. Couples can begin their marriage license application online, but must complete the process in person at their County Clerk’s office.

Basic Marriage License Requirements

To get your marriage license in California, you must be:

• Unmarried (if previously married, you must know the exact date your previous marriage ended and the circumstances of termination, such as divorce or death
• 18 years of age or older, or have parental consent and a court order
• Have at least one, but not more than two, witnesses to the ceremony

California does not have a residency requirement. The parties do not have to be California residents for a certain number of days or months to obtain a license. Parties may acquire a license without being in the state, although counties may require parties to complete the registration process in person.

Marriage Licenses for Minors

California law allows minors under 18 to marry under specific conditions. Family Court Services must interview each couple separately and assess whether either party is under any coercion, duress, or threat. Family Court Services must also determine if there is any evidence of child abuse or neglect. The Family Court judge has discretion to deny the license even if the parties meet all requirements.

At least one parent or guardian must provide written consent. Both parties must provide parental consent if they’re underage. This restriction applies to emancipated minors. Exceptions may apply to pregnant minors or those 17 years of age or over who have a high school diploma or GED.

In the case of two underage parties with only a single consenting parent or guardian, the parties may still marry if a court approves of the union. The marriage is at the court’s discretion. After a Superior Court judge issues a court order granting the minor permission to marry, the parties must wed within 90 days.

Same-Sex Marriage Licenses

In 2024, California passed Prop 3, which amended the state constitution and ensured that same-sex marriages would remain legal within the state, regardless of other federal laws. The proposition stripped the phrase “only marriage between a man and a woman is recognized in California” from the state constitution. Although same-sex marriage became national law when the Supreme Court decided Obergefell v. Hodges, California’s law ensures that the state’s same-sex marriages remain protected even if the Court overturns that landmark ruling.

Domestic Partnerships

California still recognizes registered domestic partnerships. Some states subsumed all domestic partnerships into marriages after the Supreme Court ruled on Obergefell, but not California. Some individuals prefer to use domestic partnerships to solemnize their union. The California Secretary of State’s office warns that the IRS penalizes domestic partnerships rather than marriages.

Getting Your Marriage License: Nuts and Bolts

You can get a marriage license at the County Clerk’s office anywhere in the state. You can begin the application online, but the process may need to be completed in person. Some offices require an appointment. It’s always a good idea to check with your Clerk’s office before you begin the process.

You must have valid picture identification when you arrive at the Clerk’s office. Accepted forms include:

• State ID card/Driver’s license
• Passport
• Military ID

You may need to show a copy of your birth certificate. If you were widowed or divorced within the last 90 days, bring a copy of the divorce decree or death certificate.

California does not require parties to change their names or have the same last name on the marriage license. If you wish to change your name or use a new name after the marriage, you must do so when you get the license.

There is a license fee for getting hitched. Costs range from $35 to $100, depending on the county. You may need to pay with cash, so contact the office before you go to get your license.

Marriage License Miscellany

There are two types of marriage licenses. A public marriage license is visible on the public record, while a confidential marriage license is not. There are different requirements for each license.

• The public license needs at least one witness at the marriage ceremony. You can get married in any county in the state.
• A confidential license does not need witnesses. The parties must be living together before the wedding.

California no longer requires a blood test before marriage.

In some counties, your friend can preside over a civil marriage ceremony if they are “deputized for a day” at the County Clerk’s office. There is a one-time fee, and the deputy officiant has no other powers. Not all counties offer this marriage service, so ask about it at the location where you plan to get your license.

Marriage License Deadlines

The marriage license is valid for 90 days from the date of issuance. If you miss that deadline, you’ll need to reapply. After your wedding ceremony, whoever pronounces you spouses and signs the affidavit must return the license to the County Recorder’s office within ten days.

These deadlines are not negotiable. Most civil government agencies and clergy will get the license to the clerk’s office in plenty of time. Make sure your friend gets it done if you have someone perform the ceremony for you.

If you need a certified copy of your marriage certificate, you will need to send an application and fee to the Clerk-Recorder’s office (not always the same office where you got the license). It may take several days to several months to get a certified copy, so plan accordingly.

Marriage License Resources

For general information on marriage, visit these helpful FindLaw pages:

• Marriage Laws Overview
• Prenuptial Agreements
• Tips for Marriage
• Marriage FAQ

Get Legal Advice From a California Family Law Attorney

From name changes to government records, getting married in California is not as straightforward as you might hope. Getting legal advice from a qualified California family law attorney can help you avoid some pitfalls and answer your basic questions before you take that last big step.