To legally marry in California, you need to do four things: confirm you meet the eligibility rules, get a marriage license in person from any county clerk in the state, hold a ceremony with an authorized officiant, and make sure the signed license is returned to the county recorder within 10 days. California has no waiting period and no residency requirement, so a couple can walk into a clerk’s office in the morning and be legally married that afternoon.
Who Can Marry in California
Both people must be at least 18 and currently unmarried.1California Legislative Information. California Family Code – Section 301 Any prior marriage or domestic partnership has to have ended by divorce, annulment, or death before a new license can be issued. Marrying while still legally married to someone else makes the second marriage void from the start.2California Legislative Information. California Family Code – Sections 2200-2201
Close-relative marriages are also void. That covers parents and children, grandparents and grandchildren, siblings including half-siblings, and aunts or uncles with nieces or nephews.3California Legislative Information. California Family Code – Section 2200 Both people must have the mental capacity to consent.
If either person is under 18, they need a court order and written consent from at least one parent or legal guardian.4Superior Court of California, County of Contra Costa. Request for Minor to Marry Courts rarely grant these, and the process involves a judicial inquiry into whether the marriage is in the minor’s best interest.
A few things California does not require: no blood test, no medical exam, no residency, no citizenship.5Los Angeles County Registrar-Recorder/County Clerk. Eligibility Same-sex couples have identical rights. And California does not recognize common law marriage for couples living in the state, so the license-and-ceremony process is the only route to a legal marriage here.
Getting Your Marriage License
Both people have to appear in person, together, at a county clerk’s office. The county doesn’t matter. A license issued in one California county is valid statewide, no matter where the ceremony takes place.6California Department of Public Health. California Marriage License General Information Most counties take walk-ins, but calling ahead can save time.
Bring valid photo ID that shows a photograph, date of birth, and issue and expiration dates. A driver’s license, state ID, passport, or military ID all qualify. You’ll also need to be ready to give:
- Your full legal name and your date and place of birth
- Your parents’ full legal names and their places of birth (state or country)
- The end date of any prior marriage and whether it ended by divorce, annulment, or death
- The name you want to use after marriage, if you’re changing it
If your most recent divorce was finalized within the last 90 days, bring a copy of the judgment.7Office of the County Clerk-Recorder, County of Santa Clara. Apply for a Marriage License
Fees vary by county. Expect roughly $60 to $100 for a public license, and slightly more for a confidential one. Once issued, the license is valid for 90 days. Miss that window and the license expires; you’d have to buy a new one.8California Legislative Information. California Family Code – Section 356
Public or Confidential License
California offers two license types. A public license is the standard version: the marriage becomes part of the public record, and the ceremony needs one or two witnesses who sign the license.
A confidential license is limited to couples already living together as spouses. You attest to that fact under penalty of perjury, and the clerk won’t ask for proof.9California Legislative Information. California Family Code – Section 500 No witnesses are required at the ceremony, and the marriage record is not publicly accessible without a court order.10San Mateo County Assessor-County Clerk-Recorder and Elections. What Is the Difference Between a Confidential and a Public Marriage License Either license produces an equally valid marriage.
Holding the Ceremony
California doesn’t prescribe any particular form for the ceremony. The one legal requirement is that both people declare, in the physical presence of the officiant and any required witnesses, that they take each other as spouses.11California Legislative Information. California Family Code – Section 420 Everything around that declaration is up to you: religious, secular, traditional, improvised.
Who Can Officiate
A wide range of people are authorized to perform marriages in California: priests, ministers, rabbis, and leaders of any religious denomination; judges and magistrates; current members of Congress; California constitutional officers and state legislators; and certain local elected officials. The officiant must be at least 18.12San Bernardino County Assessor-Recorder-County Clerk. Authorized Persons to Perform Marriage Ceremonies
If you want a friend or family member to officiate, many California counties run a Deputy Marriage Commissioner for a Day program. The person you choose applies with the county, pays a fee (around $115 in some counties), takes an oath of office, and receives a one-time commission to marry you.13County of San Diego Assessor, Recorder, County Clerk. Deputy Marriage Commissioner for a Day Apply at least a month ahead to leave time for processing.
Witnesses
A public license requires at least one adult witness at the ceremony to sign the license. A second is allowed but not required, and the county will reject a license that comes back with more than two witness signatures.14California Department of Public Health. California Marriage License Registration and Ceremony Information A confidential license requires no witness signatures at all.
Returning the Signed License Within 10 Days
This is the step that trips people up. The ceremony alone doesn’t complete the marriage on paper. Your officiant has to return the completed, signed license to the county recorder in the county that issued it, within 10 days of the ceremony.15California Legislative Information. California Family Code – Sections 350-360 The license can be delivered in person or mailed, and a postmark within the 10-day window counts.
If your officiant is a friend commissioned through the deputy program, or an out-of-town minister, follow up. A late or missing return creates paperwork headaches that are far easier to prevent than to fix.
Getting a Certified Copy of the Marriage Certificate
Once the county recorder processes the returned license, your marriage is officially on file. Order at least one certified copy of the marriage certificate. It’s the document you’ll use to change a name, update insurance, file taxes jointly, and prove the marriage anywhere it comes up.
California issues two kinds of certified copies, and the difference matters. An authorized certified copy can establish identity, which is what you need for government paperwork like a passport or driver’s license. To get one, you sign a sworn statement under penalty of perjury that you’re an authorized person, meaning either spouse, a parent, a child, a grandparent, a grandchild, a sibling, or a domestic partner of a spouse.16Justia Law. California Health and Safety Code – Chapter 14 Certified Copy and Verification of Records
An informational certified copy is available to anyone but is stamped “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY.” It confirms the marriage happened but won’t be accepted for name changes or identity purposes. For confidential marriages, only a party to the marriage can obtain a certified copy at all; the county will not release one to anyone else without a court order.
Request copies from the county recorder that filed the license, or from the California Department of Public Health – Vital Records, which charges $19 per copy as of January 1, 2026.17California Department of Public Health. Vital Records Fees County recorder fees are typically similar. CDPH mail requests take several weeks; county recorders often issue copies the same day if you go in person.
Changing Your Name on the License
If either of you wants a new legal name, put it directly on the marriage license application. You can take your spouse’s last name, hyphenate, or combine the two names, and the marriage certificate then works as your legal name change document with no separate court petition needed. Skip this field and you can still change your name later, but the court process takes longer and costs more.