To get a Santa Clara County marriage license, both people appear together at the Clerk-Recorder’s Office at 110 West Tasman Drive, 1st Floor, San Jose, CA 95134, Monday through Friday between 8:00 AM and 4:30 PM. A standard public license costs $80 and a confidential license costs $83.1Office of the County Clerk-Recorder, County of Santa Clara. Fee Schedule California has no waiting period, so you can pick up your license and hold your ceremony the same day.
Who Can Apply and What to Bring
Both applicants must be at least 18. If either person is under 18, California requires written consent from a parent with legal custody plus a court order approving the license.2Office of the County Clerk-Recorder, County of Santa Clara. Apply for a Marriage License You do not have to be a U.S. citizen or a California resident.
Each of you needs a valid government-issued photo ID: a driver’s license, passport, or military ID. A resident alien card works for non-citizens. If either person was previously married or in a registered domestic partnership, you’ll need the exact date it ended and whether it ended by death, divorce, or annulment.3California Department of Public Health. California Marriage License General Information
The application also asks for your full legal birth name, your date and place of birth, and both parents’ full legal names and their places of birth (state or country).2Office of the County Clerk-Recorder, County of Santa Clara. Apply for a Marriage License The parents’ birthplace question is the one that tends to catch people out. Gather that information before you go.
Public or Confidential License
Santa Clara County issues two types of marriage licenses. The legal effect is identical; the differences are privacy and witnesses.
A public (standard) license becomes part of the public record, meaning anyone can request a copy. Your ceremony must have at least one witness, and no more than two witnesses may sign the license.4California Legislative Information. California Code FAM – Division 3, Part 4, Chapter 1, Section 500
A confidential license is available to couples who are already living together as spouses. You affirm this under penalty of perjury on the application, and the county will not ask for proof. No witnesses are required or allowed to sign a confidential license, and the record is not available through public searches.4California Legislative Information. California Code FAM – Division 3, Part 4, Chapter 1, Section 500
How the Visit Works
No appointment is necessary. The office accepts walk-ins during regular hours, and you can book an appointment if you prefer a set time.5County of Santa Clara. In-Person Services Filling out the application through the county’s online self-service portal before your visit is optional but speeds things up at the counter. Skip it and a staff member will point you to a public computer on site.2Office of the County Clerk-Recorder, County of Santa Clara. Apply for a Marriage License
Both people must appear together with photo ID. You’ll review and sign the application with a clerk, pay the fee, and leave with your license. The office accepts credit cards, debit cards, personal checks, and cash.2Office of the County Clerk-Recorder, County of Santa Clara. Apply for a Marriage License
Fees
The Clerk-Recorder’s fees for marriage services are:1Office of the County Clerk-Recorder, County of Santa Clara. Fee Schedule
- Standard (public) marriage license: $80
- Confidential marriage license: $83
- Chapel ceremony: $112
- Express ceremony at the window: $174
- Witness supplied by the county (standard license only): $32
The license fee and the ceremony fee are separate. If you’re using your own officiant elsewhere, you only pay for the license. County ceremonies are held Tuesday through Friday between 10:30 AM and 3:40 PM.
Changing Your Name on the License
Under California’s Name Equality Act, either or both spouses can change a middle or last name at the time the license is issued. This is the simplest legal name change after marriage because it happens as part of licensing, with no court petition required.6California Department of Public Health. The Name Equality Act of 2007
Your last name can become any of the following:
- Your spouse’s current last name
- Either spouse’s last name at birth
- A hyphenated or combined version of both last names
- A combination using a segment of either spouse’s current or birth last name
Your middle name can become your current or birth last name, your spouse’s current or birth last name, or a combination. You cannot change your first name through this process, and you cannot drop your existing middle name entirely.
Decide before you go. Once the license is issued, the name information cannot be added or changed.6California Department of Public Health. The Name Equality Act of 2007
Using the License: 90 Days, Officiant, Witnesses
Your license is valid for 90 days from the date of issuance. If 90 days pass without a ceremony, the license expires and you’ll have to reapply and pay again.3California Department of Public Health. California Marriage License General Information The license is valid anywhere in California, not just Santa Clara County.2Office of the County Clerk-Recorder, County of Santa Clara. Apply for a Marriage License
California authorizes a broad list of people to perform a marriage ceremony:7Justia Law. California Family Code 400-402
- Priests, ministers, rabbis, or other authorized leaders of any religious denomination
- Active or retired judges, court commissioners, and magistrates (state or federal)
- State legislators, constitutional officers, and Members of Congress representing California districts
- Current or former elected city or county officials
If you want a friend or family member to officiate, many California counties run a “Deputy Commissioner for a Day” program that temporarily authorizes one person to perform one ceremony. Contact the Santa Clara Clerk-Recorder’s office for its specific process and pricing.
On witnesses: a standard license needs at least one witness at the ceremony, and up to two may sign. A confidential license takes no witness signatures. If you chose a standard license and don’t have a witness lined up, the county can provide one for $32.
After the Ceremony
Your officiant completes the marriage section of the license and returns it to the Santa Clara County Clerk-Recorder’s Office within 10 business days of the ceremony.8County of Santa Clara. Get Married in the State of California That’s the officiant’s responsibility, not yours, but confirm they’ve done it. A license that never gets returned creates a problem: the ceremony itself creates the marriage, but without the returned license there is no recorded proof.
Once the office processes the returned license, you can order certified copies of your marriage certificate. Processing typically takes a couple of weeks. Order two or three copies at the start; banks, insurers, employers, and government agencies will each want to see an original certified copy when you update your records.