How to Get a Non-Clergy Marriage License in California

You can get legally married in California without any clergy involvement. The state treats marriage as a civil contract, and Family Code Section 400 authorizes a wide range of secular officiants, from judges to elected officials to a friend temporarily deputized for your ceremony.¹² To get a non-clergy marriage license in California, both of you appear in person at any county clerk-recorder’s office, apply for either a public or confidential license, hold a ceremony with an authorized secular officiant, and make sure the signed license is returned to the county recorder within 10 days.

Who Can Officiate Without Clergy

Family Code Section 400 lists everyone who can legally solemnize a marriage in California. Setting aside religious officiants, your secular options cover most people you’d actually want:²

Current or retired judges at any level, including federal judges, magistrates, and bankruptcy or tax court judges, plus commissioners and assistant commissioners of any California court of record.
Current or former members of the California Legislature, constitutional officers, members of Congress representing a California district, and anyone who holds or formerly held an elected city or county office — mayors, city council members, and county supervisors all qualify.
The city clerk of a charter city while in office.
Every county clerk, who is automatically a commissioner of civil marriages and can either perform the ceremony or delegate the authority to a deputy.³

Two restrictions matter. Current elected officials in these categories cannot accept payment for officiating. And anyone who was removed from office for misconduct or convicted of a crime involving dishonesty is barred from solemnizing marriages altogether.²

Deputizing a Friend or Family Member for the Day

If you want someone you know to perform the ceremony, Family Code Section 401 lets the county clerk appoint deputy commissioners of civil marriages, and most counties run a “Deputy Commissioner for a Day” program built on that authority.³ Any adult can usually qualify for a single ceremony.

The process varies by county but generally looks the same: your chosen officiant applies through the county clerk, pays a fee, attends a short orientation (often virtual), takes an oath, and receives temporary authority to perform that one wedding. Los Angeles County, for example, charges $75, asks that applications arrive at least two months before the ceremony, and requires a roughly one-hour virtual class held on Thursdays.⁴ Fees and timelines differ elsewhere, so check with the county where you’ll get your license. The deputization is valid only in California and only for the one named ceremony.

Public or Confidential License

California issues two types of marriage licenses, and you pick one at the application window. Legally, you end up just as married either way. The practical differences are privacy and witnesses.

A public marriage license becomes part of the public record. The ceremony requires at least one witness, and no more than two, whose printed name, signature, and mailing address go on the license itself.⁵ Anyone can later request a copy.

A confidential marriage license is available only to two unmarried adults who have been living together as spouses.⁶ No witnesses are required, and none are allowed to sign. The certificate is filed as a permanent confidential record that can only be viewed by court order for good cause. You don’t need to prove cohabitation, but you sign the application under penalty of perjury affirming it.⁷

Couples who want a quiet, witness-free ceremony tend to pick the confidential license. Couples who want family and friends to sign as official witnesses go public.

Applying for the License

Both of you must appear together in person at a county clerk-recorder’s office. The office does not have to be in the county where you live, and the license is valid for a ceremony anywhere in California.⁵ Statute requires the license to show both parties’ identities, full legal names (at birth or as changed by court order) with mailing addresses, and dates of birth.⁸

County application forms collect more than the Family Code strictly requires, usually for vital records purposes. Expect fields for parents’ names and birthplaces, your occupation, and your level of education. Bring that information with you.

Bring a valid government-issued photo ID too — a driver’s license, state ID, or current passport works. If you were married before, you need the exact date the prior marriage ended by death, divorce, or annulment. If a divorce was finalized within the last 90 days, bring a certified copy of the final dissolution judgment to avoid processing delays.⁹ California requires no blood test, and there is no waiting period: you can hold the ceremony the same day you receive the license.

Fees, Validity, and the 10-Day Filing Deadline

License fees are set at the county level and typically run $80 to $100, with slight differences between public and confidential licenses. Fees change, so confirm the current amount with the clerk’s office before you go. Most offices want you to book an appointment first.

Once issued, the license is valid for 90 days.⁹ Miss that window and the license expires; you’d apply and pay again.

After the ceremony, the officiant completes the solemnization sections of the license. For a public license, at least one witness signs with printed name, mailing address, and signature. The officiant then returns the signed license to the county recorder of the issuing county within 10 days of the ceremony, either by hand or by mail postmarked inside that window.⁵ A certified copy of the marriage certificate, which you’ll need for things like name changes, can be ordered from the county recorder once the license has been filed. Copies generally cost $12 to $35.

What the Ceremony Has to Include

California imposes almost nothing on the ceremony itself. No required script, no required location, no minimum length. The single 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.¹⁰ The declaration can be traditional vows, personal words, or a simple statement. A marriage cannot be invalidated for failing to follow any religious custom.

That is why non-clergy ceremonies in California work the way they do. A deputized friend officiating in a backyard produces an equally valid marriage as a judge in a courthouse, provided the declaration happens, the license is signed, and the paperwork reaches the recorder on time.

1
California Legislative Information. California Code FAM 300 – Marriage
2
California Legislative Information. California Code Family Code 400 – Persons Authorized to Solemnize Marriage
3
California Legislative Information. California Code Family Code 401 – Commissioner of Civil Marriages
4
Los Angeles County Registrar-Recorder/County Clerk. Deputy Commissioner for a Day Program
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California Legislative Information. California Code Family Code FAM 359 – Marriage License
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California Legislative Information. California Code Family Code 500 – Confidential Marriage
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San Mateo County Assessor-County Clerk-Recorder & Elections. What is the Difference Between a Confidential and a Public Marriage License
8
California Legislative Information. California Code Family Code 351 – Marriage License
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California Department of Public Health. California Marriage License General Information
10
Justia. California Code Family Code 420-425 – Solemnization of Marriage