To meet California marriage license requirements, both partners must appear together in person at any county clerk’s office in the state, show valid government-issued photo ID, and pay the county’s fee, which generally runs from about $85 to $220. The license is issued the same day, is valid anywhere in California, and must be used within 90 days. There is no waiting period and no residency requirement.
Who Can Legally Marry in California
Both people must be at least 18. Family Code Section 301 permits two unmarried persons 18 or older who are not otherwise disqualified to consent to marriage.1California Legislative Information. California Code Family Code 301 California does not allow minors to marry under any parental consent or judicial workaround.
Both people must genuinely consent. Section 300 defines marriage as a civil contract requiring the consent of both parties, and a marriage entered under fraud, duress, or incapacity can be voided.2California Legislative Information. California Code FAM 300
Both people must be single. Any prior marriage or registered domestic partnership has to be fully dissolved before a new license can issue. If a divorce is still pending, you cannot apply.
Certain close-relative marriages are void under Family Code Section 2200: parents and children, grandparents and grandchildren or any other ancestor-descendant pair, siblings of half or whole blood, and uncles or aunts with nieces or nephews.3California Legislative Information. California Code FAM 2200 First cousins are not on that list and can marry in California.
Public or Confidential: Pick a License Type
You will choose between two license types when you apply. The practical difference is privacy and whether a witness signs.
A public license is the default. Once the completed license is filed, it becomes a public record that anyone can request. The ceremony must include at least one witness who signs the license along with the couple and the officiant, and both parties must declare in the officiant’s physical presence that they take each other as spouses.4California Department of Public Health. California Marriage License, Registration and Ceremony Information
A confidential license keeps the certificate private, available only to the married couple. Under Family Code Section 500, this option is open to couples who are at least 18 and already living together as spouses.5California Legislative Information. California Code Family Code 500 No witnesses sign a confidential license, and clerks will not demand proof of cohabitation. You attest to it under penalty of perjury on the application.6San Mateo County Assessor-County Clerk-Recorder & Elections. What Is the Difference Between a Confidential and a Public Marriage License
What to Bring to the Clerk’s Office
Each person needs a valid government-issued photo ID showing name and date of birth. A driver’s license, state ID, passport, or military ID all qualify. If you have no photo ID, you can bring a credible witness who signs an affidavit confirming your identity. The clerk has authority under Family Code Section 354 to ask follow-up questions or request additional documents if anything on the application raises a question.7California Legislative Information. California Code Family Code 354
The application itself asks for your full legal name at birth, date of birth, mailing address, and the full names and birthplaces of both parents, including mothers’ maiden names. If you have been married before, you will disclose how many times and how the most recent marriage ended. If a divorce was finalized recently, bring a copy of the final decree so the clerk can verify your single status without delay.
California does not require blood tests, medical exams, or state residency. Out-of-state couples can get a California license and marry here.
How to Apply and What It Costs
Both partners go to a county clerk’s office together, in person. You can apply in any California county, regardless of where you live or where you plan to hold the ceremony. Most offices run on appointments booked through the county’s website, so check before you drive out.
At the appointment you will complete the application, show your IDs, sign the license in front of the clerk, and pay. Fees are set county by county and generally fall between about $85 and $220. Sacramento County charges $97 for a public license and $98 for a confidential license, with an after-hours appointment at $106 for either.8County of Sacramento. Marriage License and Ceremony Fees Yolo County charges $99 for a public license and $90 for a confidential one.9Yolo County ACE Department. Marriage Services Fees Larger counties tend to run higher. Most offices accept cash, check, and card, though cards sometimes carry a small surcharge. The license is handed to you at the end of the appointment.
The 90-Day Window
Your license expires 90 days after it is issued, and the expiration date is printed on the face of the license.10California Legislative Information. California Code Family Code 356 If you do not hold the ceremony within that window, the license is void and you will have to apply and pay again. There is no waiting period, so you can marry the same day you pick up the license.
The ceremony can take place anywhere in California. The law prescribes no particular form. The one legal essential is that both parties declare, in the physical presence of the officiant and any required witness, that they take each other as spouses.
Who Can Perform the Ceremony
Family Code Section 400 authorizes a wide range of officiants. On the religious side, priests, ministers, rabbis, or other authorized leaders of any denomination can officiate, provided they are 18 or older. On the civil side, active and retired judges, magistrates, and commissioners of civil marriages qualify, along with current or former state legislators, members of Congress representing California districts, and elected city or county officials.11California Legislative Information. California Code Family Code 400
If you want a friend or relative to perform the ceremony, many counties run a Deputy Commissioner for a Day program that temporarily deputizes a private citizen to officiate one specific wedding. Los Angeles County’s program, for example, allows the person deputized there to officiate anywhere in the state.12Los Angeles County Registrar-Recorder/County Clerk. Deputy Commissioner for a Day Program Applications usually have to be filed about a month ahead and carry a separate fee.
After the Ceremony: Return the License in 10 Days
The officiant is responsible for completing the signed license and returning it to the county recorder within 10 days of the ceremony. Family Code Section 359 treats “returned” as hand-delivered or postmarked within that 10-day period.13California Legislative Information. California Code Family Code 359 This filing is what registers your marriage with the state. A late or missing return by the officiant does not automatically void the marriage under Section 306, since noncompliance by a non-party does not invalidate an otherwise valid union, but it can make proving the marriage much harder later.14Justia. California Code Family Code 300-310 Confirm with your officiant that the license was returned.
Once the recorder processes the license, you can order certified copies of your marriage certificate. Walk-in requests may be ready in a few days; mail requests can take several weeks. Order more copies than you think you need, because banks, insurers, and government agencies each want their own original when you update your records.