California Weddings: What You Can And Cannot Do

California is a popular place to get married, with its snow-capped mountains, Mediterranean-like coastline, arid deserts, dense forests, and deep valleys. The state offers a range of unique and beautiful wedding sites, from historic adobes to stately mansions to ancient redwood forests to stretches of sandy beaches.

To get married in California, you must obtain a marriage license from a county clerk's office. The marriage license application is an affidavit, and when you and your partner sign it, you are making a sworn statement that there are no legal impediments to the marriage. The license is only a permit to get married, and you are not legally married until a ceremony is performed by an authorized person and the marriage is registered.

California has two types of marriage licenses: a public marriage license and a confidential marriage license. A public marriage license is the more traditional option, with no restrictions on where the couple lives and no requirement to live together before marriage. It requires the signature of at least one witness, in addition to the couple's and officiant's signatures. A confidential marriage license, on the other hand, becomes a confidential record, and only the couple can obtain information about it or order a certified copy. It is often chosen by celebrities or eloping couples who want to keep their marriage private.

California has specific requirements for the wedding ceremony. At least both parties, the officiant, and one witness must be physically present during the unification ceremony and while signing the marriage certificate. The couple must consent to the marriage by proclaiming I do, and the minister must pronounce them legally married.

California does not have residency requirements for marriage, and individuals from out of state or country can legally wed within its borders. The state also recognizes same-sex marriages. The only age requirement is that individuals must be 18 years or older to marry, with exceptions for minors with parental consent.

California offers a deputy for a day program, which allows individuals to be deputized for a day to perform civil weddings for a specific couple on a particular day. The state also recognizes officiants ordained online by religious groups, such as the Universal Life Church or American Fellowship Church.

With its diverse landscapes, California provides a range of options for couples looking to tie the knot, from intimate beach ceremonies to grand estate weddings.

Marriage license requirements

California offers two types of marriage licenses: a public marriage license and a confidential marriage license. Both are legally binding, but each has different requirements.

Confidential Marriage License

A confidential marriage license is a confidential record, not a public record. This means that only the married couple may request certified copies of the document, as long as they can show their IDs and pay the associated fee. For anyone outside of the union who wants a copy, they will need to present a court order.

If you are considering this type of license, you and your future spouse must be living together at the time of applying, which you will need to affirm by signing an affidavit. No witnesses are required to attend the ceremony or sign the license, making it a great option for elopements. There are also age restrictions: you and your future spouse must be 18 years old, and there are no exceptions for minors.

Public Marriage License

A public marriage license is a public record. This means that anyone can request certified copies of the document if they pay the required fee. If you are thinking about obtaining this type of marriage license, you will need at least one witness to attend your ceremony and up to two witnesses to sign the document. You must also be at least 18 years old to apply for a public marriage license, but if you are a minor, you can proceed with written consent from a legal guardian and permission from a California superior court judge.

General Requirements

Regardless of the type of license, there are some general requirements that you must meet:

• You must obtain your license from a County Clerk's office.
• Both parties must apply in person together.
• You must bring an unexpired photo ID, such as a driver's license or passport, to verify your identity. Some counties recommend bringing certified copies of your birth certificate.
• You must know your parents' names, mothers' maiden names, and places of birth.
• You must pay a fee, which varies by county.
• California marriage licenses are only valid for 90 days, so you must obtain your marriage license within the 90 days immediately prior to your wedding date.
• If you have been married before, you must show proof of divorce, death, or annulment.
• After your ceremony, your officiant is legally required to file your license within 10 days.

Who can officiate a wedding

In California, there are various officials who can serve as wedding officiants for nonreligious ceremonies. These include justices of the peace, court clerks, and both active and retired judges. In some states, such as South Carolina and Maine, notaries public are also legally permitted to officiate weddings. For religious ceremonies, clergy members like priests, ministers, or rabbis can officiate a marriage. They may, however, need to register with the county where the wedding is taking place if it is outside their usual jurisdiction.

In California, any adult can officiate a wedding under specific circumstances. An individual can be deputized for a day, which allows them to officiate a civil wedding for one specific couple on a particular day. This authorization is limited to that one event.

California also recognizes officiants ordained online by religious groups. Many interfaith and nondenominational organizations, such as the Universal Life Church or American Fellowship Church, offer online ordination services. While some require a fee, others may offer ordination for free.

It is important to note that a few states do not recognize marriages officiated by ministers ordained online. Therefore, it is crucial to check with the county clerk where the wedding will be held to ensure that online certification is accepted in that jurisdiction.

How to get a marriage certificate

To get a marriage certificate in California, you must first obtain a marriage license from a county clerk's office. The marriage license application is an affidavit, and when you and your partner sign it, you are making a sworn statement that there are no legal impediments to the marriage. Both parties must appear in person and bring valid photo identification, such as a state-issued ID card, driver's license, passport, or military ID. Some counties may also require a copy of your birth certificate.

If either party has been married before, the county clerk will require proof of either divorce or nullity. 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.

The marriage license fee varies based on the county issuing it and can range from around $60 to $110. Forms of payment may also vary by county, so check with your county clerk to see what is acceptable.

Once you have obtained your marriage license, you must have a marriage ceremony performed by an authorized person. This can include a civil marriage commissioner, minister, priest, or rabbi of any religious denomination, a United States acting or retired judge, or any legislator or constitutional officer representing a district of California. After the ceremony, the signed document becomes a legal state contract that establishes the rights and obligations between the couple, their children, and other family members.

To obtain a certified copy of your marriage certificate, which is proof of your legal marriage, you can purchase it from the county clerk that issued the license. Each county has different options for purchasing certified copies, including via mail, in-person, or online.

The cost of a marriage license

It is important to note that marriage licenses are valid for 90 days from the date of issuance, and if the marriage does not take place within this window, a new license must be purchased.

Where can a marriage ceremony be held

California's diverse climates and landscapes make it a popular place to get married. Whether it's a beach, mountain, desert, or winery wedding, the state has something for everyone.

A marriage commissioner can conduct a civil marriage ceremony at City Hall or a County Clerk's Office. If the ceremony is not officiated by a marriage commissioner, it is considered a private ceremony and can be held at a place of worship, an event space, or any location of your choice (e.g. garden, beach, private home, etc.).

California State Parks also offer a variety of unique and beautiful wedding sites, from historic adobes to stately mansions, ancient redwood forests, and stretches of sandy beaches. Some popular locations include:

• Bidwell Mansion State Historic Park in Chico, which features a gazebo on the front lawn and a rose garden at the rear, perfect for intimate and larger weddings.
• El Capitán State Beach, which offers a spacious yet private meadow next to the beach with pristine ocean views.
• Grizzly Creek Redwoods State Park, which is popular for small weddings, with a limit of 7 people during the summer and 10 people at other times of the year.
• Humboldt Redwoods State Park, which offers a variety of beautiful settings, including the most popular wedding location, Williams Grove.
• La Purisima Mission State Historic Park, located in Santa Barbara County, which features a unique setting surrounded by historic buildings and tucked within a small canyon.
• San Buenaventura State Beach in Ventura, which has a sandy beach and a shady picnic area that can be used for the ceremony and reception.

Regardless of which county the marriage license is obtained from, the wedding ceremony can take place anywhere within the State of California.

Frequently asked questions