California Marriage License Requirements: Fees, Eligibility, and Ceremony

To meet California marriage license requirements, both people must appear together at any County Clerk’s office in the state with valid government-issued photo ID, be at least 18 and currently unmarried, and pay a fee that generally runs between about $60 and $145 depending on the county.¹ The clerk issues the license the same day, there is no waiting period, and the license stays valid for 90 days and works anywhere in California regardless of which county issued it.

Who Is Eligible to Marry

Both people must be at least 18, unmarried, and legally capable of consenting.² If either person is already married to someone else, the new marriage is void.³

A person under 18 can still obtain a license, but only after a superior court judge issues an order granting permission and at least one parent or guardian provides written consent. A certified copy of the court order has to be presented to the County Clerk when the license is issued.⁴

What You Need to Bring

Both people appear together with valid government-issued photo ID: a driver’s license, passport, or permanent resident card. Photocopies and digital images are not accepted.⁵ You’ll also need to provide:

Your current legal name and your name at birth, if different
Date and place of birth for both people
Full legal names and birthplaces (state or country) of each person’s parents
The exact date any prior marriage or registered domestic partnership ended; if that happened within the past 90 days, some counties also want a copy of the judgment⁵

California does not require blood tests, health certificates, or any medical screening. That requirement was eliminated decades ago.

Public or Confidential License

At the counter you’ll choose between two types of license, and the choice affects who can later pull up your marriage record.

A public license is part of the county’s open records, meaning anyone can request a copy. The ceremony needs at least one witness and no more than two, and the witness signs the license along with the officiant.⁶ This is the default option in most counties.

A confidential license is available when both people are 18 or older and already living together as spouses.⁷ No witnesses are needed at the ceremony or on the license.⁸ The state does not keep a centralized copy, and only the two people named on the certificate can later request copies, which are available only from the issuing county.⁹

“Confidential” does not mean the marriage is secret. It is equally valid and legally binding. The difference is purely about who can access the paperwork.

Fees and How to Apply

Both people appear together at any County Clerk’s office in California.¹⁰ The clerk places you under oath, you confirm everything on the application, and the license is handed to you the same day. Many counties now require an appointment booked online, so check the county’s website before you go.

Fees vary by county. A public license runs from roughly $61 in Orange County to about $129 in San Diego County. Confidential licenses can be slightly higher or slightly lower than the public version in the same county. Sacramento County charges $97 for a public license and $98 for a confidential one.¹¹ Los Angeles County charges $91 for a public license and $85 for a confidential one.¹² Confirm the current fee with your county before your appointment.

Because there is no mandatory waiting period, you can hold your ceremony the same day the license is issued if your officiant and venue are ready.

Changing a Name on the License

Under California’s Name Equality Act, either or both people can change a middle or last name directly on the marriage license application. This is the simplest route to a legal name change after marriage because it avoids a separate court petition. The choice has to be made when the license is issued. Once the marriage certificate is recorded, the name on it cannot be amended later.¹³

Options for a new last name include:

Your spouse’s current last name
Either spouse’s last name at birth
A combined last name using all or part of either spouse’s current or birth last name
A hyphenated or other combination of last names

Middle name options follow the same pattern, allowing combinations of current middle names with either spouse’s current or birth last name. The marriage license cannot be used to change a first name, and neither spouse is required to change any name at all.¹³

Who Can Perform the Ceremony

California authorizes a wide range of people to perform a legally valid ceremony:¹⁴

Any priest, minister, rabbi, or other authorized person of a religious denomination who is at least 18; they can decline a ceremony that conflicts with their faith.
Active or retired judges and commissioners of any California court, plus federal judges, bankruptcy judges, tax court judges, and U.S. magistrates.
Current or former state legislators, constitutional officers, members of Congress representing a California district, and current or former elected city or county officials. Those currently in office cannot accept payment for performing a ceremony.

If you want a friend or family member to officiate, California’s “Deputy Commissioner for a Day” program lets the County Clerk appoint a private individual to perform one specific marriage on a specific date.¹⁵ The appointee must be at least 18 and show valid photo ID. Fees and lead times vary, and some counties want the application a month or more in advance.

After the Ceremony

The license expires 90 days after it is issued. If the ceremony doesn’t happen in that window, the license is void and you start over with a new application and fee.¹ You pick up the license from a particular county, but the ceremony itself can be held anywhere in California.

After the wedding, the officiant completes the solemnization section and collects any required witness signatures. The completed license has to be returned to the county recorder in the issuing county within 10 days of the ceremony, either physically delivered or postmarked by the deadline.⁶ That return is the officiant’s responsibility, but it’s worth following up. If the license isn’t returned on time, the county can’t officially record the marriage, which creates problems when you later need a certified copy for insurance, taxes, or a name change.

Once the license is recorded, it becomes your official marriage certificate. Certified copies of a public marriage can be ordered from the issuing county or the California Department of Public Health. Certified copies of a confidential marriage are available only from the issuing county’s clerk, and only to the two people named on the certificate.⁹ Ordering two or three copies at once lets you submit them to Social Security, the DMV, and insurers in parallel instead of one at a time.

1
California Legislative Information. California Code Family Code 356 – Marriage License
2
California Legislative Information. California Code FAM 301 – Marriage
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California Legislative Information. California Code FAM 300 – Marriage
4
California Legislative Information. California Code FAM 302 – Family Code
5
Office of the County Clerk-Recorder, County of Santa Clara. Apply for a Marriage License
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California Legislative Information. California Code FAM 359 – Marriage License
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California Legislative Information. California Code FAM 500 – Confidential Marriage
8
California Department of Public Health. Types of Marriage Licenses
9
California Department of Public Health. Vital Records – Obtaining Certified Copies of Marriage Records
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California Legislative Information. California Code FAM – Marriage License
11
Sacramento County Clerk/Recorder. Marriage License and Ceremony Fees
12
Los Angeles County Registrar-Recorder/County Clerk. Marriage License and Ceremony Fees
13
California Legislative Information. California Code Family Code FAM 306.5 – Name Change Marriage
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California Legislative Information. California Code Family Code 400 – Marriage Solemnization
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California Legislative Information. California Code Family Code 401 – Commissioner of Civil Marriages