To get married in California, you need to do three things: get a marriage license from any county clerk’s office, have an authorized officiant perform a ceremony, and make sure the signed license is returned to the county within 10 days. There is no waiting period, no residency requirement, and no blood test. If you want to, you can walk in, get the license, hold the ceremony, and be legally married the same day.1California Department of Public Health. California Marriage License General Information
Who Can Marry
California allows any two unmarried people who are at least 18 and legally capable of entering a contract to marry.2California Legislative Information. California Family Code 400-401 You do not have to be a U.S. citizen or a California resident, so a visitor from another state or country can get a California license and use it here.3County Clerk Recorder. Marriage Eligibility Requirements
Both people need the mental capacity to understand and consent to the marriage, and neither can already be married to someone else. Marriages between parents and children, grandparents and grandchildren at any generational distance, siblings (including half-siblings), and aunts or uncles with nieces or nephews are void. First cousins can legally marry.
A few things California does not do: it does not require a blood test (that requirement was repealed in 1995), and it does not recognize common-law marriage. Living together, even for many years, does not create a legal marriage.
Someone under 18 can marry only with written consent from a custodial parent or legal guardian plus a court order from a Superior Court judge.4Sacramento Superior Court. Underage Marriage or Domestic Partnership Permission Minors must apply in their county of residence and cannot get a confidential license.5Santa Cruz County Clerk. Marriage Licenses if 18 Years of Age
Getting the Marriage License
You can apply at any county clerk’s office in California, and a license issued in one county is valid for a ceremony anywhere else in the state.1California Department of Public Health. California Marriage License General Information Many counties let you start the application online, but both of you have to appear in person, together, to finish it.
What to Bring
Both parties need valid photo ID showing a photograph, date of birth, and issue and expiration dates. A driver’s license, passport, state-issued ID, or military ID works.1California Department of Public Health. California Marriage License General Information Some counties also ask for your Social Security number and the full names and birthplaces of both parents.
If either of you was married before, know the exact date and manner that marriage ended (divorce, annulment, or death). Some counties want a copy of the final judgment if the previous marriage ended within the last 90 days. Foreign-language documents generally need a certified English translation from a registered court interpreter, with a notarized declaration of accuracy.
Fees and How Long It’s Good For
License fees vary by county, roughly $79 to $97 for a public license and $80 to $98 for a confidential license.6Los Angeles County RR/CC. Marriage License and Ceremony Fees7County Clerk Recorder. Marriage License and Ceremony Fees Evening or weekend appointments may cost more. Once issued, the license is valid for 90 days. Miss that window and you have to buy a new one.
Public or Confidential License
Before you go, decide which type of license you want. Both produce an equally valid marriage.
A public marriage license becomes part of the public record once filed, and anyone can request a copy from the county recorder. The ceremony must have at least one witness, and up to two witnesses may sign.8California Department of Public Health. Types of Marriage Licenses
A confidential license is restricted. Only the two spouses can get copies without a court order, and no witnesses sign the license or need to be present. To qualify, both of you must be at least 18 and must sign an affidavit under penalty of perjury stating that you are currently living together as spouses. If you have not moved in together yet, this option is not available.
The Ceremony
California law does not require any particular ritual or wording. What the law requires is that both of you declare, in the physical presence of the officiant and any required witnesses, that you take each other as spouses.2California Legislative Information. California Family Code 400-401 Write your own vows, follow a religious tradition, or keep it to a single sentence. A religious ceremony has the same legal effect as a civil one.
Who Can Officiate
Your officiant must be legally authorized. The categories include:
- Clergy of any religious denomination who are at least 18.
- Active or retired judges, commissioners of civil marriages, and assistant commissioners of any California court of record.
- Federal judges, including U.S. Supreme Court justices, appellate and district court judges, bankruptcy judges, and tax court judges (active or retired).
Most county clerks also perform civil ceremonies at their offices for a separate fee, generally $35 to $65.6Los Angeles County RR/CC. Marriage License and Ceremony Fees9San Mateo County Assessor-County Clerk-Recorder & Elections – ACRE. Marriage Fees
Want a friend or family member to officiate? Many counties run a “deputy commissioner for a day” program that temporarily authorizes a specific person to perform your ceremony on a specific date. The authority is statewide, so someone deputized in Los Angeles County can officiate in Napa, and the deputized person does not need to be a California resident.10CDPH – CA.gov. Marriage Officiant Frequently Asked Questions Fees run about $25 to $75, and not every county offers the program, so ask your county clerk first.
Witnesses
A public license needs at least one witness at the ceremony, and up to two can sign.10CDPH – CA.gov. Marriage Officiant Frequently Asked Questions There is no set minimum age, but the witness has to understand what they are witnessing and be able to sign their name.11County of San Luis Obispo. Marriage Licenses A confidential license takes no witnesses, and none are permitted to sign. Some county offices will provide a witness for a small fee; Los Angeles County charges $20.6Los Angeles County RR/CC. Marriage License and Ceremony Fees
Filing the License and Getting Your Certificate
The marriage is not on record until the signed license is returned to the county. The officiant has 10 days after the ceremony to send it back to the county recorder (public license) or county clerk (confidential license) in the county where the license was issued.12California Legislative Information. California Family Code 359 If the officiant fails to file on time, the marriage is still valid, because a nonparty’s failure to comply does not invalidate it, but you cannot get a certificate until the paperwork is filed.13California Legislative Information. California Family Code 306 Follow up with your officiant within a few days to confirm they mailed it.
Once the license is recorded, it becomes your marriage certificate. Certified copies are usually available about 10 business days after the county receives the completed license, and typically cost around $19 per copy.14Office of the County Clerk-Recorder. Purchase a Marriage Certificate For a public marriage, authorized individuals can request copies from the county recorder. For a confidential marriage, only the two people named on the certificate can get copies, with valid ID.15California Department of Public Health. Vital Records Obtaining Certified Copies of Marriage Records Order two or three copies at once. You will need them for name changes, insurance, and other paperwork.
What to Handle Soon After
Getting married triggers a few time-sensitive changes worth knowing about before you walk out of the clerk’s office.
Marriage does not automatically change anyone’s name. If you or your spouse plan to take a new last name, your certified marriage certificate is the document you will use to update Social Security first, then the DMV, then your passport. Social Security handles name changes with no fee, and other agencies verify against Social Security’s records.16Social Security Administration. Change Name with Social Security17State of California Department of Motor Vehicles. Update Information on Your Driver’s License or ID Card
For federal taxes, your status on December 31 determines your filing status for the whole year. Marry on New Year’s Eve and the IRS treats you as married for the full year.18IRS. Essential Tax Tips for Marriage Status Changes You will choose between married filing jointly and married filing separately.
Marriage is also a qualifying life event that opens a 60-day special enrollment period for health insurance. Inside that window, you can add a spouse to an employer plan or enroll through Covered California outside of open enrollment.19HealthCare.gov. Getting Health Coverage Outside Open Enrollment Miss the 60 days and you wait for the next open enrollment period.