To apply for a California marriage license, both partners go together, in person, to any County Clerk-Recorder’s office in the state, present valid photo ID, complete the application, and pay the county’s fee. The clerk issues the license the same day — there is no waiting period — and it stays valid for 90 days from the date of issuance.1Justia. California Code Family Code 350-360 – Marriage License You can apply in any county, not just the one where you live or plan to marry.
Who Can Apply
Both applicants must be at least 18 and currently unmarried. Family Code Section 301 sets the rule: two unmarried people 18 or older who are not otherwise disqualified can consent to marriage.2California Legislative Information. California Code Family Code 301 – Capacity to Consent to and Consummate Marriage If a prior marriage, domestic partnership, or annulment has not been finalized, you cannot apply.
Applicants under 18 face extra steps. A minor needs written consent from at least one custodial parent or legal guardian and a court order from a superior court judge authorizing the marriage.3Justia. California Code Family Code 300-310 – Validity of Marriage The judge decides whether to allow it and may require premarital counseling covering social, economic, and personal responsibilities before signing off.
What to Bring to the Appointment
Each applicant needs a valid government-issued photo ID. A driver’s license, passport, permanent resident card, or military ID all work.4County of Santa Clara. Apply for a Marriage License
You’ll also need to know, for both applicants:
- Full legal names (birth names or as changed by court order) and current mailing addresses.
- Dates and places of birth.
- Each parent’s full birth name, including maiden names, and birthplace (state or country).4County of Santa Clara. Apply for a Marriage License
- How and when any prior marriage ended (divorce, annulment, death of spouse, or dissolution of domestic partnership).
Bring documentation of a recent dissolution. Los Angeles County requires written proof if the final dissolution occurred within the past two years.5Los Angeles County. Eligibility Siskiyou County asks for it if the dissolution happened within the past 12 months.6Siskiyou County California. Marriage License Information Call or check the website for your county before the appointment so you don’t get turned away.
Public or Confidential License
California offers two versions of the marriage license, and you choose which one you want when you apply.
A public license becomes part of the county’s public records, so anyone can request a copy. The ceremony requires one or two witnesses, who sign the license along with the officiant.7California Legislative Information. California Code FAM 359 – Marriage License This is the standard option.
A confidential license is restricted from public access. Only the married couple, or someone with a court order, can obtain copies.8Los Angeles County. Online Request – Marriage Records No witnesses are required at the ceremony. The eligibility rule is narrower: the couple must already be living together as spouses at the time of application, and minors cannot apply for a confidential license.9California Legislative Information. California Code Family Code 500 – General Provisions
Changing a Name on the Application
California’s Name Equality Act lets either or both spouses change a middle name, last name, or both directly on the marriage license application, with no separate court petition and no extra fee. First names cannot be changed this way. The name change has to be elected when the license is issued; once the marriage certificate is registered, it cannot be amended to add or alter a name choice.10California Legislative Information. California Code Family Code FAM 306.5 Decide before you go.
For a last name, each spouse may adopt:
- The other spouse’s current last name.
- Either spouse’s last name given at birth.
- A single combined last name using all or part of either spouse’s current or birth last name.
- A hyphenated combination of the two last names.
For a middle name, each spouse may adopt:
- The current last name of either spouse.
- The birth last name of either spouse.
- A combination of the current middle name with the current last name of either spouse.
- A combination of the current middle name with the birth last name of either spouse.10California Legislative Information. California Code Family Code FAM 306.5
Once the license is recorded, a certified copy of the marriage certificate showing the new name serves as legal proof of the change for the DMV, Social Security Administration, banks, and other agencies.
The Appointment and Fees
Both applicants have to appear together. Family Code Section 359 requires both parties to be present, so one person cannot pick up the license alone.7California Legislative Information. California Code FAM 359 – Marriage License Most counties run by appointment, so book a slot through the county clerk’s website before you go.
At the counter, the clerk reviews your IDs and application and may place you under oath to confirm the information is accurate.11California Legislative Information. Family Code 350-360 – Marriage License The clerk collects the fee and issues the license on the spot. California eliminated the waiting period in 1995, so you can hold the ceremony the same day if you want.12San Bernardino County Assessor. Marriage License and Ceremony
Fees vary by county. A few examples:
- Los Angeles County: $91 public, $85 confidential.13Los Angeles County. Marriage License and Ceremony Fees
- Sacramento County: $97 public, $98 confidential.14Sacramento County Clerk/Recorder. Marriage License and Ceremony Fees
- Contra Costa County: $86 public, $90 confidential.15Contra Costa County Clerk Recorder. Marriage License and Ceremony Fees
- San Diego County: $129 public, $144 confidential.16San Diego County Assessor/Recorder/County Clerk. Marriage License and Civil Ceremony
Most counties take cash, checks, or credit cards, though some add a processing surcharge for cards. Plan for roughly $85 to $145 and confirm the exact figure with your county.
The license is valid for 90 days from the date of issuance, and the expiration date is printed on the document.1Justia. California Code Family Code 350-360 – Marriage License If 90 days pass with no ceremony, the license expires. You’d need to apply again and pay the fee again.
After the Ceremony
Your officiant has 10 days after the ceremony to complete the license and return it to the county recorder for a public license, or the county clerk for a confidential license.7California Legislative Information. California Code FAM 359 – Marriage License17California Legislative Information. California Code Family Code FAM 506 For a public license, the officiant also collects the printed name, signature, and mailing address of one or two witnesses on the license itself. Following up with the officiant is worth the effort, because you can’t order certified copies until the signed license has been recorded.
Certified copies of the marriage certificate come from the county recorder. Los Angeles County charges $19 per copy and processes requests within about 20 working days.8Los Angeles County. Online Request – Marriage Records Order at least two or three so you can update records with the Social Security Administration, DMV, and your banks without waiting between requests.