How to Get a Marriage License in California: Requirements and Filing

To get a marriage license in California, you and your partner go together to any County Clerk’s office, show valid photo ID, fill out an application, pay a fee of roughly $80 to $100, and sign the license in front of a deputy clerk. There is no residency requirement, no waiting period, and no blood test. The license is valid for 90 days and can be used for a ceremony anywhere in the state, regardless of which county issued it.

Who Can Apply

Both of you must be at least 18 to consent to marriage under California law.¹ You do not need to live in California. Couples visiting from other states or other countries can apply in any county, and the license works for a ceremony held anywhere within California’s borders.²

If either of you is under 18, this walk-in process does not apply. A minor needs written parental or guardian consent and a separate court order from a Superior Court judge, and cannot apply for a confidential license.³ Emancipation does not change that.

Pick Your License Type Before You Go

California issues two kinds of marriage licenses, and you choose at the counter. Both produce a legally identical marriage. The practical differences are privacy and witnesses.

A public license is available to any eligible couple. The ceremony requires one witness who signs the license (you can have two, but no more). The resulting marriage record is public: anyone can request a copy from the County Recorder.³

A confidential license is restricted to two unmarried adults who are already living together as spouses. You sign an affidavit to that effect under penalty of perjury; no one verifies the living arrangement.⁴⁵ No witnesses are required at the ceremony, and the record is sealed. Only the two of you can order copies; anyone else needs a court order.³

If privacy matters, or you want an elopement with no witness, confidential is the fit. Otherwise, the public license is simpler.

What to Bring and Know

Each of you needs one valid, unexpired government-issued photo ID. Most counties accept a U.S. driver’s license, state ID card, U.S. or foreign passport, permanent resident card, or consular ID.⁶ Some counties also accept a military ID.⁷ Foreign or international driver’s licenses are generally not accepted; check with your specific county if that is your only option. Photocopies and photos on your phone do not count. Bring the physical document.

You also need to supply, from memory or notes:

Each parent’s full legal name at birth and their state or country of birth.⁸
For any prior marriage or registered domestic partnership either of you has had: the exact date it ended, and whether it ended by divorce, annulment, or death.
The new name either of you plans to use, if any.

Whatever you put on the application becomes the permanent legal record. You cannot amend the license after it is issued.

Choosing a Name on the License

California’s Name Equality Act lets either or both of you choose a new last name or middle name directly on the marriage license application, with no court petition. The name on the application flows through to the marriage certificate, which is then the legal document you use to change everything else.⁹

For a new last name you can take your spouse’s current last name, use either spouse’s birth last name, hyphenate or combine the two last names, or fuse parts of both into a single new name (the letters you use must be contiguous within the originals). For a middle name you can adopt your spouse’s current or birth last name as a new middle name, or combine your existing middle name with either spouse’s last name.

You cannot change your first name through this process, cannot drop an existing middle name entirely, and cannot amend the license after issuance.⁹ Anything outside those options requires a separate court order. Decide before your appointment. This is the one choice at the counter you cannot undo without going to court.

At the County Clerk’s Office

Most California counties let you start the application online through the clerk-recorder’s website. Filling out the digital form in advance saves time at the counter and surfaces missing information before you show up. Some counties give you a confirmation number to bring to the appointment.

Online pre-application does not replace the in-person visit. Both of you must appear together, in person, at the County Clerk’s office.¹⁰ Most offices require or strongly recommend an appointment. A deputy clerk verifies your IDs, reviews the application, and watches you sign. You are signing under oath that everything on the form is true.

Fees are set at the county level, generally in the $80 to $100 range. Los Angeles County charges $91 for a public license and $85 for a confidential license.¹¹ Santa Clara County charges $80 and $83.⁸ Most offices accept cash, debit cards, and money orders, and some add a small surcharge for credit cards. Once you pay and sign, the clerk hands you the physical license.

The 90-Day Window and the Ceremony

Your license is valid for 90 days from the date of issuance and can be used anywhere in California, not just the issuing county.⁷ If 90 days pass without a ceremony, the license expires and you pay for a new one.

California authorizes a wide range of officiants: priests, ministers, rabbis, or any authorized person of a religious denomination who is at least 18; active or retired judges and court commissioners; and certain federal judges and magistrates.¹² Many county clerks also perform civil ceremonies for an added fee; Los Angeles County charges $35.¹¹ If you want a friend or family member to officiate, many counties offer a Deputy Commissioner for a Day program that temporarily authorizes the person for your ceremony after a short class and oath.¹³

During the ceremony, both of you must declare that you take each other as spouses in the physical presence of the officiant.¹⁴ No particular script or religious form is required. A public license needs one witness signature on the document (a second is allowed; no more); a confidential license needs none.³

After the Ceremony: Filing and Certified Copies

Your officiant completes the license with the ceremony date and location, then returns it to the County Recorder in the county where the license was issued within 10 days.¹⁵ “Returned” means delivered in person or postmarked before that deadline.¹⁰ A polite reminder to your officiant is worth it. A license returned late, or not at all, leaves your marriage improperly recorded and causes real problems the first time you need to prove it.

Once the county records the license, it becomes your official marriage certificate. You will need certified copies for name changes, insurance, and other legal purposes. A certified copy can establish identity; an informational copy is stamped with a notice that it cannot be used for that.¹⁶

Order certified copies through the County Recorder’s office in person, by mail, or through a service like VitalChek. Fees are around $19 per copy and vary by county.¹⁷ For a public record, only authorized people (the spouses, immediate family, or someone with a court order) can receive a certified copy; for a confidential record, only the two of you can.³ Ordering two or three up front keeps you from waiting on a single document to circulate between agencies.

1
California Legislative Information. California Code Family Code 301
2
San Mateo County Assessor-County Clerk-Recorder & Elections. Instructions on Completing Your Marriage License
3
California Department of Public Health. Types of Marriage Licenses
4
California Legislative Information. California Code Family Code 500
5
San Mateo County Assessor-County Clerk-Recorder & Elections. What Is the Difference Between a Confidential and a Public Marriage License
6
County of Marin Assessor-Recorder-County Clerk. Applying for a Marriage License
7
California Department of Public Health. California Marriage License General Information
8
Office of the County Clerk-Recorder, County of Santa Clara. Apply for a Marriage License
9
Los Angeles County Registrar-Recorder/County Clerk. Changing Your Name
10
California Legislative Information. California Code Family Code 359
11
Los Angeles County Registrar-Recorder/County Clerk. Marriage License and Ceremony Fees
12
California Legislative Information. California Code FAM – Family Code, Division 3, Part 3, Chapter 1
13
Los Angeles County Registrar-Recorder/County Clerk. Deputy Commissioner for a Day Program
14
California Legislative Information. California Code Family Code 420
15
California Legislative Information. California Code Family Code 423
16
Humboldt County. Frequently Asked Questions – Vital Records
17
County of San Diego Assessor/Recorder/County Clerk. Marriage Certificate Request