Marriage Licenses in California

Division 3, Part 2 of the California Family Code deals with marriage licenses in this state. Section 350 provides that, before entering a marriage, or declaring a marriage, the parties must first obtain a marriage license from a county clerk. The attorney-in-fact must appear before the county clerk on behalf of the party who is overseas.

Section 351 requires the marriage license to show the identity of the parties to the marriage; the parties’ full given names at birth or by court order, and mailing addresses; and, the parties’ dates of birth.

Section 351.5 specifies that, if either of the applicants for, or any witness to, a certificate of registry of marriage and a marriage license requests, the certificate of registry and the marriage license must show the business address or United States Postal Service post office box for that applicant or witness instead of the residential address of that person.

Section 351.6 says that a mailing address used by an applicant, witness, or person solemnizing or performing the marriage ceremony must be a residential address, a business address, or a United States Postal Service post office box.

Section 352 prohibits a marriage license from being granted if either of the applicants lacks the capacity to enter into a valid marriage or is, at the time of making the application for the license, under the influence of an intoxicating liquor or narcotic drug.

Section 354 requires each appliance for a marriage license 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. Applicants for a marriage license cannot be required to state, for any purpose, their race or color.

Section 355 requires the forms for the marriage license to be prescribed by the State Department of Public Health, and be adapted to set forth the facts required in this part. The marriage license must include an affidavit, which the applicants must sign, affirming that they have received the brochure provided.

Section 356 provides that a marriage license issued expires 90 days after its issuance. The calendar date of expiration must be clearly noted on the face of the license.

Section 357 requires the county clerk to number each marriage license issued and transmit at periodic intervals to the county recorder a list or copies of the licenses issued. Not later than 60 days after the date of issuance, the county recorder is required to 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. Also, the county recorder is required to 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.

Section 358 requires the State Department of Public Health to prepare and publish a brochure that contains four specified pieces of information. In addition, SDPH is required to make the brochures available to county clerks who must then distribute a copy of the brochure to each applicant for a marriage license, including applicants for a confidential marriage license and notaries public receiving a confidential marriage license.

In addition, SDPH must prepare a lesbian, gay, bisexual, and transgender specific domestic abuse brochure and make the brochure available to the Secretary of State who must then print and make available the brochure, as funding allows.

Section 259 requires applicants to be married to first appear together in person before the county clerk to obtain a marriage license. The issued marriage license is required to be presented to the person solemnizing the marriage by the parties to be married and that person must complete their required sections.

Section 360 provides that, if a marriage license is lost, damaged, or destroyed after the marriage ceremony, but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder, the person solemnizing the marriage is required to obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued.