Table of Contents
- Applying for Your Marriage License
- Confidential vs. Public License
- Choosing Your Officiant
- Making It Official: The Ceremony Requirements
- Turning in the Paperwork
- Final Tips for a Smooth Legal Process
Applying for Your Marriage License
Before you can legally marry in California, you’ll need to obtain a marriage license. This is a crucial first step that should be completed well before your wedding day.
Where to Apply:
You can apply at any County Clerk’s office in California, regardless of where you plan to hold your ceremony. County offices are usually open Monday through Friday, 8:00 AM to 4:00 PM, though hours may vary.
Both you and your partner must appear together in person to apply, even if you started the process online. You cannot apply by mail or have someone apply on your behalf.
What You’ll Need:
Bring valid government-issued photo identification such as a driver’s license, passport, or state ID. You’ll also need to know your parents’ full names and birthplaces.
If either of you has been previously married, you’ll need to provide the date your last marriage ended, though you typically won’t need to bring divorce decrees or death certificates.
The Cost:
The standard marriage license fee varies by county, but generally ranges from $35 to $100. Some counties offer a slightly reduced fee if you complete premarital counseling.
Some counties only accept cash, so it’s a good idea to check your county’s requirements ahead of time to avoid any surprises. You can usually pay when you schedule your appointment or at the appointment itself, making the process as smooth as possible.
Important Timing:
Your marriage license is valid for 90 days from the date of issuance. This means your ceremony must take place within that 90-day window.
There is no waiting period in California, so you can legally marry on the same day you receive your license if you wish, making it perfect for spontaneous celebrations or destination weddings.
Confidential vs. Public License:
California offers two types of marriage licenses. While both are legally binding (meaning you’ll need to get a divorce to end the marriage), there are key differences. A public license becomes part of the public record and requires at least one witness at your ceremony.
For a public marriage license, you’ll need to be at least 18 years old to apply. However, if you’re under 18, you can still take this important step with the written consent of a legal guardian and approval from a California superior court judge.
A confidential license is not part of the public record and doesn’t require witnesses, though it does require that you and your partner have been living together as spouses at the time of application. There are also age restrictions: You and your future spouse must be 18 years old, and there are no exceptions for minors.
Choosing Your Officiant
Your officiant is the person who will legally solemnize your marriage, so choosing the right one matters both personally and legally.
Who Can Officiate:
California law allows several types of people to perform marriages. These include active or retired judges, magistrates, commissioners, or justices of the California court system. Religious officials such as priests, ministers, rabbis, or other clergy members authorized by their denomination can also officiate.
Additionally, any person can be deputized as a Commissioner of Civil Marriages for a single day in a specific county, a popular option for couples who want a friend or family member to officiate.
Tips for Choosing:
When selecting an officiant, consider whether you want a religious or secular ceremony, as this will guide your choice.
If you’re having a friend or family member officiate, make sure they understand they’ll need to apply to become a deputy commissioner well in advance. This process can take several weeks in some counties, so plan accordingly.
Also, verify that your chosen religious officiant is properly registered with their denomination if you’re having a religious ceremony.
Professional Officiants:
Many couples choose professional wedding officiants who specialize in creating personalized ceremonies. These individuals are typically experienced, reliable, and well-versed in California’s legal requirements.
When interviewing potential officiants, ask about their experience, their process for creating your ceremony, and ensure their personality aligns with the tone you want for your wedding.
Making It Official: The Ceremony Requirements
On your wedding day, certain legal requirements must be met for your marriage to be valid.
During the Ceremony
You and your partner must declare your consent to marry in the presence of your officiant and any required witnesses. The officiant will say something to the effect of declaring you married under California law. While you can personalize your ceremony with vows, readings, and traditions, these legal elements must be included.
Witnesses
If you have a public marriage license, you’ll need at least one witness who is 18 years or older to sign your license. Most couples have two witnesses sign, though only one is legally required. Confidential licenses don’t require witnesses.
Turning in the Paperwork
After your ceremony, there’s one final crucial step to make your marriage legally recognized.
The Officiant’s Responsibility
Your officiant is responsible for completing the marriage license and returning it to the County Clerk’s office where it was issued. They typically have 10 days to do this, though some officiants return licenses sooner.
Make sure your officiant understands this responsibility and is reliable about following through.
Where It Goes
The completed license must be returned to the same County Clerk’s office where you obtained it. Most officiants mail the license back, though some hand-deliver it.
Getting Your Marriage Certificate
Once the County Clerk receives and records your marriage license (usually within a few weeks), you can request certified copies of your marriage certificate.
These official documents are what you’ll need for legal name changes, updating identification, changing beneficiaries, and other official purposes. You can typically order certificates online, by mail, or in person. The first certified copy usually costs between $15 and $20, with additional copies available for a smaller fee.
Timeline
The entire process from your ceremony to receiving your marriage certificate typically takes two to four weeks, though it can vary by county.
If you need your certificate quickly for travel or other time-sensitive reasons, some counties offer expedited processing for an additional fee.
Final Tips for a Smooth Legal Process
Start the license application process at least a month before your wedding to allow plenty of time. Confirm with your officiant several weeks before the wedding that they’re properly authorized and understand their responsibility to file the paperwork.
Keep a copy of your marriage license in a safe place on your wedding day, and consider designating a trusted person to hold onto it during the celebration.
Remember, while the legal requirements might seem strict, they’re protecting one of the most important commitments you’ll ever make. Taking care of these details thoughtfully ensures that your beautiful wedding day at your chosen venue translates into a legally recognized marriage that will stand the test of time.
Congratulations on your upcoming marriage, and may your journey together be filled with love, joy, and many wonderful memories!
We’d love to show you everything Rough and Ready Vineyards has to offer. Schedule a tour today to see why we’re perfect venue for your big day. Let’s make it unforgettable—together!
Heidi Keefer is a seasoned content creator with nearly 20 years of experience in professional writing. Specializing in wedding planning and lifestyle topics, Heidi combines industry expertise with a passion for storytelling to inspire and guide couples on their journey to the big day. When not crafting articles about wedding trends, budgeting tips, or romantic inspirations, Heidi enjoys exploring new venues, collaborating with vendors, and sharing insider advice to help every couple create the celebration of their dreams.
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