To meet California marriage license requirements, both people must appear together at any county clerk’s office with valid photo ID, be at least 18 and unmarried, pay the county fee, and then have the ceremony performed by an authorized officiant within 90 days. Family Code Section 300 defines marriage as “a personal relation arising out of a civil contract between two persons,” and the state recognizes it only once you have a license and a solemnized ceremony.1California Legislative Information. California Family Code FAM 300 There is no waiting period, so you can use the license the same day it is issued.2California Department of Public Health. California Marriage License General Information
Who Is Eligible
Both parties must be at least 18 years old, unmarried, and legally capable of consenting to the contract.3California Legislative Information. California Code Family Code 301 The unmarried requirement is absolute. If either person has an existing marriage or domestic partnership that has not been legally dissolved, the clerk will not issue a license. Consent must also be genuine; a marriage entered under duress or fraud can be voided.
Minors under 18 can still marry in California, but the path is deliberately difficult. The minor needs a court order granting permission under Section 304, at least one parent or guardian must file written consent with the court, and a certified copy of the court order must be presented to the clerk before any license is issued.4California Legislative Information. SB 273 – California Family Code 302 Amendment
Public or Confidential License
California offers two types of marriage licenses, and the choice shapes who can see the record and whether you need witnesses.
A public license under Family Code Section 359 is the standard option. The ceremony needs at least one witness and no more than two, who sign the license, and the completed record is publicly accessible through the county recorder.5Alameda County Auditor-Controller. Marriage License Types
A confidential license under Family Code Section 500 is available only to two unmarried adults who are already living together as spouses. Minors cannot use this option.6California Legislative Information. California Code Family Code 500 No witnesses are required at the ceremony, and only the married couple can obtain copies of the record.7California Department of Public Health. Types of Marriage Licenses
Either license can be obtained from any county in California. You do not need to hold the ceremony in the same county where you purchased the license, but the wedding must happen somewhere within the state, and the completed license goes back to the county that issued it.7California Department of Public Health. Types of Marriage Licenses
What to Bring to the Clerk’s Office
Both parties must appear together at the county clerk’s office with valid government-issued photo identification proving identity and age. A driver’s license, passport, or military ID all work. You will also need to provide each parent’s full legal name and birthplace, including the birth last name of any parent who changed their name at marriage.
If either person has been previously married, you must know the exact date and manner the prior marriage ended, whether by death, divorce, or annulment. If a divorce or domestic partnership termination was finalized within the last 90 days, bring a certified copy of the final judgment showing the judge’s signature and date.2California Department of Public Health. California Marriage License General Information
Fees vary by county and license type, generally running from about $79 to $122. San Mateo County charges $79 for a public license and $80 for a confidential one.8San Mateo County Assessor-County Clerk-Recorder & Elections. Marriage Fees Ventura County charges $108 and $122 respectively.9Ventura County Clerk-Recorder. Marriage License Los Angeles County falls in the middle at $91 for public and $85 for confidential.10Los Angeles County Registrar-Recorder/County Clerk. Marriage License and Ceremony Fees Payment is due when the application is processed. Many counties offer online appointment scheduling; walk-in wait times can be unpredictable.
How Long the License Is Good For
The license takes effect immediately on issuance, and California has no mandatory waiting period before the ceremony. The license then expires 90 days after it is issued. If the ceremony does not happen in that window, the license is void and you must start over with a new application and new fees.2California Department of Public Health. California Marriage License General Information
Changing a Name on the License
California’s Name Equality Act of 2007 lets one or both spouses adopt a new middle or last name directly on the marriage license, with no separate court petition. You must make this election at the time the license is issued. Name information cannot be added or amended after the license has been printed; if you change your mind before the ceremony, you have to void the old license and purchase a new one.11California Department of Public Health. The Name Equality Act of 2007
Your new last name can be your spouse’s current last name, either spouse’s birth last name, or a combination joining all or part of both last names. Middle name options follow similar rules. You cannot change your first name through the marriage license, and you cannot simply drop your middle name entirely. Decide before your appointment.11California Department of Public Health. The Name Equality Act of 2007
Who Can Perform the Ceremony
Family Code Section 400 defines several categories of people authorized to solemnize a marriage, and any of them must be at least 18 years old:
- Priests, ministers, rabbis, and any authorized person of any religious denomination. A religious leader may decline to perform a marriage that conflicts with their faith without any legal or tax consequences to their organization.
- Active or retired judges of California courts, commissioners of civil marriages (active or retired), and assistant commissioners.
- Justices of the U.S. Supreme Court, judges of federal appeals and district courts, bankruptcy and tax court judges, and U.S. magistrates, whether active or retired.
- California state legislators, constitutional officers, and Members of Congress representing a California district, while they hold office.12CaseMine. California Family Code 400
Deputy Commissioner for a Day
If you want a friend or family member to perform your ceremony and they are not clergy or a judge, California’s Deputy Commissioner for a Day program temporarily authorizes a layperson to solemnize one specific marriage. The person you choose must be at least 18 but does not need to be a California resident.13County of San Luis Obispo. Deputy Marriage Commissioner for the Day
The applicant files paperwork and pays a fee with the county clerk. Los Angeles County charges $75 and adds a $13 expediting fee for applications submitted less than a month before the ceremony.14Los Angeles County Registrar-Recorder/County Clerk. Deputy Commissioner for a Day Program Santa Clara County charges $80.15County of Santa Clara. Become a One-Day Deputy Commissioner Plan ahead; last-minute applications are sometimes possible but cost extra and depend on staff availability.
Online-Ordained Ministers
Section 400’s language authorizing “a priest, minister, rabbi, or authorized person of any religious denomination” is broad enough that ministers ordained through online organizations like the Universal Life Church have routinely officiated legal weddings in California. The state does not impose a physical-congregation requirement in Section 400, and the California Department of Public Health confirms that out-of-state ministers authorized under Section 400 may perform ceremonies in the state.16California Department of Public Health. Marriage Officiant Frequently Asked Questions Most problems with online-ordained officiants arise not from eligibility but from paperwork, so confirm your officiant knows how to complete and return the license.
What the Ceremony Must Include
California does not require any particular form of ceremony. The only legal requirement is that both parties declare, in the physical presence of the officiant and any required witnesses, that they take each other as spouses.17California Legislative Information. California Code Family Code FAM 420 A ceremony that follows religious traditions is equally valid, and the law explicitly states that a marriage cannot be invalidated for failing to conform to any religious sect’s requirements.
For a public license, at least one witness and no more than two must be present and sign the license. There is no minimum age for witnesses, but they must be old enough to understand they are witnessing a marriage and able to sign their name.5Alameda County Auditor-Controller. Marriage License Types Confidential licenses require no witnesses.
Returning the License and Getting the Certificate
After the ceremony, the officiant signs the license and must return it to the county recorder of the county where the license was issued within 10 days. “Returned” means delivered in person or postmarked within that 10-day window.18California Legislative Information. California Code Family Code FAM 359 This step is the officiant’s responsibility, not the couple’s, and it is the most commonly overlooked part of the process. If you used a friend through the Deputy Commissioner program, make sure they understand the deadline.
If the officiant files late or makes a procedural error, the marriage itself is not automatically invalid. Family Code Section 306 states that “noncompliance with this part by a nonparty to the marriage does not invalidate the marriage.”19California Legislative Information. California Family Code FAM 306 A missing or late-filed license can still create real problems when you need to prove the marriage, such as for insurance enrollment or immigration petitions.
Once the county recorder processes the document, the license becomes your marriage certificate. You do not automatically receive a certified copy. To get one, submit a separate request to the county clerk with a fee. As of January 1, 2026, the California Department of Public Health charges $19 per certified copy of a marriage record.20California Department of Public Health. Vital Records Fees Order at least two; you will need them for identification changes, insurance updates, and federal records.