California Wedding Laws
First off, congratulations on being asked to perform a wedding. There is nothing more rewarding than helping two people come together, and California is one of the most beautiful places to perform a marriage. This guide can help you navigate the seemingly complex web of marriage law, ensuring you know all the facts to perform a legal and recognized wedding ceremony. We have gathered all of the information for you in this brief but thorough overview. Everything from couple requirements to license applications is provided within the next several paragraphs.
California Marriage Requirements
- Min. Age of Couple:
- Age 18
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- First Cousins
- Marriage Equality:
- Yes
California has no restrictions or reservations for same-sex couples, meaning these couples can legally wed in the state. However, California law does prohibit marriage for anyone under the age of 18 without parental consent and a court order. Even with parental consent, court orders are awarded on a case-by-case basis, meaning not every minor will be granted permission to marry.
Beyond the age restriction, California does not impose many barriers to marriage. The state has no residency requirements, meaning that anyone from out of state or country can marry by first obtaining a license. Neither party must live in the state to obtain a license, making the process straightforward for those wishing to have a destination wedding.
FAM § 301. Two unmarried persons 18 years of age or older, who are not otherwise disqualified, are capable of consenting to and consummating marriage.
(Amended by Stats. 2014, Ch. 82, Sec. 3. (SB 1306) Effective January 1, 2015.)
FAM § 302. (a) An unmarried person under 18 years of age may be issued a marriage license upon obtaining a court order granting permission to the underage person or persons to marry, in accordance with the requirements described in Section 304.
(b) The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.
(Amended by Stats. 2018, Ch. 660, Sec. 3. (SB 273) Effective January 1, 2019.)
FAM § 2200. Marriages between parents and children, ancestors and descendants of every degree, and between siblings of the half as well as the whole blood, and between uncles or aunts and nieces or nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.
(Amended by Stats. 2014, Ch. 82, Sec. 23. (SB 1306) Effective January 1, 2015.)
How to Get a California Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in California
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Photo ID
- Proof of Divorce Required (If Applicable):
- Varies by County
- Blood Test Required:
- No
Marriage licenses in California are valid throughout the state. However, the couple must pick up the license in person at the county clerk’s office. When the couple arrives at the clerk’s office, they will need to supply proof of identification. A photo ID is required, and some counties might require additional documents, such as a copy of a birth certificate. Sometimes people do not have the documents required by the state. In these instances, the couple might be able to present witness affidavits.
If an individual is getting married after a divorce, he or she might be required to present an official divorce decree. The document verifies the end of the previous marriage.
At one time, California did require a blood test. However, that is no longer a requirement in the state.
FAM § 350. (a) Before entering a marriage, or declaring a marriage pursuant to Section 425, the parties shall first obtain a marriage license from a county clerk
(Amended by Stats. 2004, Ch. 476, Sec. 1. Effective September 10, 2004.)
FAM § 364 (a) Each applicant for a marriage license shall be required to present authentic photo identification acceptable to the county clerk as to name and date of birth. A credible witness affidavit or affidavits may be used in lieu of authentic photo identification.
(b) For the purpose of ascertaining the facts mentioned or required in this part, if the clerk deems it necessary, the clerk may examine the applicants for a marriage license on oath at the time of the application. The clerk shall reduce the examination to writing and the applicants shall sign it.
(c) If necessary, the clerk may request additional documentary proof as to the accuracy of the facts stated
(Amended by Stats. 2006, Ch. 816, Sec. 10. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
Both parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license in California. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date, such as a state-issued identification card, drivers license, passport, military identification, etc. Some counties may also require a copy of your birth certificate.
If you have been married before, you will need to know the specific date your last marriage ended, and how it ended (Death, Dissolution, Divorce or Nullity). Some counties may require a copy of the final judgment if your previous marriage ended by dissolution or nullity.
Marriage licenses are valid for 90 days from the date of issuance. If you do not get married within 90 days, the license will no longer be valid. You must purchase a new license.
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The fees and hours of issuance for a marriage license may vary by county.
The person solemnizing the marriage must return the original marriage license to the County Clerk or County Recorder as applicable within 10 days of the date of the ceremony.
Applying For a Marriage License in California
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- 90 Days
- License Must Be Submitted:
- Within 10 Days of Ceremony
It is necessary to stipulate that a minister ordained by the Universal Life Church only maintains the authority to perform religious ceremonies. Therefore, regardless of the couple's intent to have religious elements in the ceremony or not, they will need to obtain a license for a religious ceremony, not a civil ceremony. Civil proceedings are performed by judges, justices of the peace, or someone in a similar position, meaning a minister does not have the necessary authority to perform such services.
Once the couple picks up the marriage license, they will have 90 days to get married. As the minister, you can perform the marriage anytime during this window but not after. Once married, the license must be returned to the county clerk within 10 days. Do not turn in the document late, or you risk the ceremony becoming invalid.
A nice aspect of California marriage licenses is there is no waiting period between license issuance and the wedding. Therefore, if a couple wants, they can receive the license and get married on the same day.
FAM § 356. A marriage license issued pursuant to this part expires 90 days after its issuance. The calendar date of expiration shall be clearly noted on the face of the license.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
FAM § 357.
(a) The county clerk shall number each marriage license issued and shall transmit at periodic intervals to the county recorder a list or copies of the licenses issued.
(b) Not later than 60 days after the date of issuance, the county recorder shall notify licenseholders whose marriage license has not been returned of that fact and that the marriage license will automatically expire on the date shown on its face.
(c) The county recorder shall notify the licenseholders of the obligation of the person solemnizing their marriage to return the marriage license to the recorder’s office within 10 days after the ceremony.
(Amended by Stats. 2006, Ch. 816, Sec. 12. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
FAM § 359.
(a) Except as provided in Sections 420 and 426, applicants to be married shall first appear together in person before the county clerk to obtain a marriage license.
(b) The contents of the marriage license are provided in Part 1 (commencing with Section 102100) of Division 102 of the Health and Safety Code.
(c) The issued marriage license shall be presented to the person solemnizing the marriage by the parties to be married.
(d) The person solemnizing the marriage shall complete the solemnization sections on the marriage license, and shall cause to be entered on the marriage license the printed name, signature, and mailing address of at least one, and no more than two, witnesses to the marriage ceremony.
(e) The marriage license shall be returned by the person solemnizing the marriage to the county recorder of the county in which the license was issued within 10 days after the ceremony.
(f) As used in this division, “returned” means presented to the appropriate person in person, or postmarked, before the expiration of the specified time period.
(Amended by Stats. 2006, Ch. 816, Sec. 14. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
FAM § 423. (a) The person solemnizing the marriage shall return the marriage license, endorsed as required in Section 422, to the county recorder of the county in which the license was issued within 10 days after the ceremony.
FAM § 422. The person solemnizing a marriage shall sign and print or type upon the marriage license a statement, in the form prescribed by the State Department of Public Health, showing all of the following:
(a) The fact, date (month, day, year), and place (city and county) of solemnization.
(b) The printed names, signatures, and mailing addresses of at least one, and no more than two, witnesses to the ceremony.
(c) The official position of the person solemnizing the marriage, or of the denomination of which that person is a priest, minister, rabbi, or other authorized person of any religious denomination.
(d) The person solemnizing the marriage shall also type or print their name and mailing address.
(Amended by Stats. 2019, Ch. 115, Sec. 9. (AB 1817) Effective January 1, 2020.)
How to Become a Wedding Officiant in California
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- County Clerk
- Latest Document(s) Submission Date Allowed:
- After Ceremony
- Minister I.D. # Issued:
- No
California requires all wedding officiants to be a minimum of 18 years of age. This is not a complication for any ULC ordained minister, as that is our age requirement as well. While some might be reluctant to become a ULC minister, remember the ULC does not discriminate based on beliefs, gender, or location.
Unfortunately, California does not have a statewide registration process for ministers, meaning the county clerk might require additional documentation or verification after the ceremony. Despite this added step, all ULC ministers will have access to all necessary documents to prove ordination.
For ministers who want to perform a wedding ceremony, the ULC recommends obtaining an official copy of the ministry credential. By ordering and keeping this document on file, you can reduce any potential hassles that could arise without it. While not always, there are times when a county clerk will request a copy of the document. The California Wedding Package is an excellent option for ministers looking to perform marriage ceremonies.
FAM § 400. (a) Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of the person’s faith. Refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity.
Getting Married in California
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- 1
- Min. Age of Witnesses:
- Not Applicable
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
Though there is a proxy exception for the US Armed Forces, the state of California does not usually allow proxy marriages, meaning all parties must be present at the ceremony, including the couple, officiant, and one witness. While there are age requirements for couples and officiants, no such requirements exist for witnesses. The only rule for witnesses is that they must be old enough to sign their name to the witness box and comprehend what they are witnessing.
For US servicemembers serving in conflict zones overseas, there might be exceptions to the proxy rule. However, for the proxy to receive power of attorney, several legal steps must be taken. It is best to consult with an attorney on such matters, as they are outside the purview of the ULC.
Beyond having all parties present and accounted for, including the officiant, couple, and witness, a ceremony must contain a proclamation and a pronouncement to be legally recognized. The proclamation is when each party gives consent for the union, otherwise known as the “I do” portion of the wedding. The pronouncement is when the minister proclaims the couple married to the witness and all who are present.
FAM § 420. (a) No particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties shall declare, in the physical presence of the person solemnizing the marriage and necessary witnesses, that they take each other as spouses.
Finalizing the Marriage
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
To complete the wedding ceremony, the officiant and all necessary parties must fill out the marriage license. The officiant will fill in the portions for title and name. In the title section, write “minister.” In the name portion, only write your legal name, no title. You can also write Universal Life Church Ministries if the license requests the name of the ordaining church. Finally, have the couple and the witness fill out the appropriate sections of the document.
Look over the document to ensure it is filled out correctly. Any errors could result in reissuing the license and fees. Make sure to turn the license into the clerk’s office within 10 days of the ceremony.
While all ministers are encouraged to keep a record of ceremonies, it is especially necessary for ministers who are paid for their services.
FAM § 307 This division, so far as it relates to the solemnizing of marriage, is not applicable to members of a particular religious society or denomination not having clergy for the purpose of solemnizing marriage or entering the marriage relation, if all of the following requirements are met:
(a) The parties to the marriage sign and endorse on the form prescribed by the State Department of Public Health, showing all of the following:
(1) The fact, time, and place of entering into the marriage.
(2) The printed names, signatures, and mailing addresses of two witnesses to the ceremony.
(3) The religious society or denomination of the parties to the marriage, and that the marriage was entered into in accordance with the rules and customs of that religious society or denomination. The statement of the parties to the marriage that the marriage was entered into in accordance with the rules and customs of the religious society or denomination is conclusively presumed to be true.
(b) The License and Certificate of Non-Clergy Marriage, endorsed pursuant to subdivision (a), is returned to the county recorder of the county in which the license was issued within 10 days after the ceremony.
(Amended (as amended by Stats. 2006, Ch. 816) by Stats. 2007, Ch. 483, Sec. 9. Effective January 1, 2008.)
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