Part 1VALIDITY OF MARRIAGE

Section § 300

Explanation

This law explains what constitutes a marriage in California. It says marriage is a personal relationship that starts with a civil contract between two capable people. For a marriage to be valid, both parties must consent, get a marriage license, and have the marriage solemnized. Simply agreeing to marry isn't enough. The marriage license, issued by the county clerk, turns into a marriage certificate once it's registered with the county recorder.

(a)CA Family Law Code § 300(a) Marriage is a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).
(b)CA Family Law Code § 300(b) For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county recorder, at which time the license becomes a marriage certificate.
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(Amended by Stats. 2014, Ch. 82, Sec. 2. (SB 1306) Effective January 1, 2015.)

Section § 301

Explanation

If you're 18 or older and not married to someone else, you're allowed to get married if both people agree and are eligible.

Two unmarried persons 18 years of age or older, who are not otherwise disqualified, are capable of consenting to and consummating marriage.
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(Amended by Stats. 2014, Ch. 82, Sec. 3. (SB 1306) Effective January 1, 2015.)

Section § 302

Explanation

If you're under 18 and want to get married in California, you can do so if you have a court order that gives you permission. You also need written consent from at least one parent or guardian. Both the court order and the written consent must be filed with the court and a certified copy of the order needs to be shown to the county clerk to get your marriage license.

(a)CA Family Law Code § 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)CA Family Law Code § 302(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.
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(Amended by Stats. 2018, Ch. 660, Sec. 3. (SB 273) Effective January 1, 2019.)

Section § 303

Explanation

This law allows a minor to get permission to marry if they don't have a parent or if their parent can't give consent. The court can grant this permission officially, and it's needed for the county to issue a marriage license. The court's order must be filed and a certified copy given to the county clerk.

If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry, in accordance with the requirements described in Section 304. The order 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.
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(Amended by Stats. 2018, Ch. 660, Sec. 4. (SB 273) Effective January 1, 2019.)

Section § 304

Explanation

This law section outlines the process the court must follow when considering granting permission for minors to marry. The court requires separate interviews with the minors and their parents or guardians. Family Court Services must assess whether there is any coercion or abuse involved and submit a report to the court. Interviews are conducted in private, and factors like undue influence are considered. Minors must wait 30 days after court permission to marry and may need premarital counseling if ordered by the court, which considers their ability to pay. The court order will include the parties' gender and birth dates for documentation purposes. When the court grants permission, minors receive information about their rights, potential annulment, legal separation, and domestic violence resources. Some provisions don't apply to certain minors, like those with a high school diploma or pregnant minors.

(a)CA Family Law Code § 304(a) In determining whether to issue a court order granting permission to marry pursuant to Section 302 or 303, the court shall do all of the following:
(1)CA Family Law Code § 304(a)(1) Require Family Court Services to separately interview the parties intending to marry and, if applicable, at least one of the parents or the guardian of each party who is a minor. If more than one parent or guardian is interviewed, the parents or guardians shall be interviewed separately.
(2)CA Family Law Code § 304(a)(2) Require Family Court Services to prepare and submit to the court a written report, containing any assessment of potential force, threat, persuasion, fraud, coercion, or duress by either of the parties or their family members relating to the intended marriage. The report shall also contain recommendations of Family Court Services for either granting or denying the parties permission to marry. If Family Court Services knows or reasonably suspects that either party is a victim of child abuse or neglect, Family Court Services shall submit a report of the known or suspected child abuse or neglect to the county child protective services agency.
(3)CA Family Law Code § 304(a)(3) After receiving the report of the assessments of Family Court Services, as described in paragraph (2), separately interview in camera each of the parties prior to making a final determination regarding the court order.
(4)CA Family Law Code § 304(a)(4) Consider whether there is evidence of coercion or undue influence on the minor.
(b)CA Family Law Code § 304(b) If the court issues an order granting the parties permission to marry pursuant to Section 302 or 303, and if one or both of the parties are 17 years of age or younger, the parties shall be eligible to request a marriage license no earlier than 30 days from the time the court order was issued.
(c)CA Family Law Code § 304(c) As part of the court order granting permission to marry under Section 302 or 303, the court shall, if it considers it necessary, require the parties to the prospective marriage of a minor to participate in premarital counseling concerning social, economic, and personal responsibilities incident to marriage. The parties shall not be required to confer with counselors provided by religious organizations of any denomination. In determining whether to order the parties to participate in the premarital counseling, the court shall consider, among other factors, the ability of the parties to pay for the counseling. The court may impose a reasonable fee to cover the cost of premarital counseling provided by the county or the court. The fees shall be used exclusively to cover the cost of the counseling services authorized by this section.
(d)Copy CA Family Law Code § 304(d)
(1)Copy CA Family Law Code § 304(d)(1) Only for purposes of completing the document described in Section 102233 of the Health and Safety Code, and not for purposes of making a determination regarding the court order, the gender of each party intending to marry, if provided, shall be documented on the court order granting permission to marry.
(2)CA Family Law Code § 304(d)(2) The date of birth of each party intending to marry shall also be documented on the court order granting permission to marry.
(3)CA Family Law Code § 304(d)(3) For purposes of the requirements on the person solemnizing the marriage under subdivision (b) of Section 423, and the requirements on the local registrar under subdivision (a) of Section 102356 of the Health and Safety Code, the court shall provide parties who are granted permission to marry with a copy of the court order granting permission to marry.
(e)CA Family Law Code § 304(e) Upon issuance of the order granting permission to marry, the minor shall be provided with the following information:
(1)CA Family Law Code § 304(e)(1) The rights and responsibilities of an emancipated minor, including, but not limited to, the effects of emancipation as described in Chapter 2 (commencing with Section 7050) of Part 6 of Division 11.
(2)Copy CA Family Law Code § 304(e)(2)
(A)Copy CA Family Law Code § 304(e)(2)(A) The circumstances under which a marriage may be determined by a court to be void or voidable and adjudged a nullity and the procedure for obtaining that judicial determination.
(B)CA Family Law Code § 304(e)(2)(A)(B) The procedures for legal separation or dissolution of marriage.
(3)CA Family Law Code § 304(e)(3) Telephone numbers for the National Domestic Violence Hotline and the National Sexual Assault Hotline.
(4)CA Family Law Code § 304(e)(4) The conditions under which an unemancipated minor may leave home and seek to remain in a shelter or otherwise live separately from the minor’s parent or guardian, and whether the consent or acquiescence of a parent or guardian is required to remain away from the home of the parent or guardian, the rights of an unemancipated minor to apply for a protective or restraining order to prevent abuse, and the rights of a minor to enter into contracts, including contracts for legal services and mental health counseling.
(f)Copy CA Family Law Code § 304(f)
(1)Copy CA Family Law Code § 304(f)(1) Subdivisions (a) and (b) do not apply to a minor who is 17 years of age and who has achieved a high school diploma or a high school equivalency certificate.
(2)CA Family Law Code § 304(f)(2) Subdivision (b) does not apply to a minor who is 16 or 17 years of age and who is pregnant or whose prospective spouse is pregnant.
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(Amended by Stats. 2019, Ch. 115, Sec. 6. (AB 1817) Effective January 1, 2020.)

Section § 305

Explanation

Basically, this law means that you can use the regular rules of evidence used in court to prove whether someone agreed to get married and whether the marriage ceremony happened.

Consent to and solemnization of marriage may be proved under the same general rules of evidence as facts are proved in other cases.
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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Section § 306

Explanation
In California, for a marriage to be recognized, it needs to have a marriage license, be formally performed, and the license must be properly documented and returned to the county where it was issued. If someone who is not part of the marriage fails to follow these rules, it doesn't affect the validity of the marriage.
Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the authenticated marriage license shall be returned to the county recorder of the county where the marriage license was issued, as provided in this part. Noncompliance with this part by a nonparty to the marriage does not invalidate the marriage.
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(Amended by Stats. 2006, Ch. 816, Sec. 4. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)

Section § 306.5

Explanation

In California, people getting married don't have to change their names unless they want to. They can choose new middle or last names on their marriage license without trying to deceive anyone. There are specific options for new last names: one spouse's current or birth name, a combination of names, or creating a completely new last name. The same kind of rules apply for choosing a new middle name. The marriage certificate will act as proof of this name change, and certain official documents, like a certified marriage certificate, can be used as ID to show the new name. Any decision about name changes must happen when the marriage license is issued and can't be changed later unless it's to fix a mistake. However, people still have the right to change their name later on through other legal methods like common usage or a court petition.

(a)CA Family Law Code § 306.5(a) Parties to a marriage shall not be required to have the same name. Neither party shall be required to change their name. A person’s name shall not change upon marriage unless that person elects to change their name pursuant to subdivision (b).
(b)Copy CA Family Law Code § 306.5(b)
(1)Copy CA Family Law Code § 306.5(b)(1) One party or both parties to a marriage may elect to change the middle or last names, or both, by which that party wishes to be known after solemnization of the marriage by entering the new name in the spaces provided on the marriage license application without intent to defraud.
(2)CA Family Law Code § 306.5(b)(2) A person may adopt any of the following last names pursuant to paragraph (1):
(A)CA Family Law Code § 306.5(b)(2)(A) The current last name of the other spouse.
(B)CA Family Law Code § 306.5(b)(2)(B) The last name of either spouse given at birth.
(C)CA Family Law Code § 306.5(b)(2)(C) A name combining into a single last name all or a segment of the current last name or the last name of either spouse given at birth.
(D)CA Family Law Code § 306.5(b)(2)(D) A combination of last names.
(3)CA Family Law Code § 306.5(b)(3) A person may adopt any of the following middle names pursuant to paragraph (1):
(A)CA Family Law Code § 306.5(b)(3)(A) The current last name of either spouse.
(B)CA Family Law Code § 306.5(b)(3)(B) The last name of either spouse given at birth.
(C)CA Family Law Code § 306.5(b)(3)(C) A combination of the current middle name and the current last name of the person or spouse.
(D)CA Family Law Code § 306.5(b)(3)(D) A combination of the current middle name and the last name given at birth of the person or spouse.
(4)Copy CA Family Law Code § 306.5(b)(4)
(A)Copy CA Family Law Code § 306.5(b)(4)(A) An election by a person to change their name pursuant to paragraph (1) shall serve as a record of the name change. A certified copy of a marriage certificate containing the new name, or retaining the former name, shall constitute proof that the use of the new name or retention of the former name is lawful.
(B)CA Family Law Code § 306.5(b)(4)(A)(B) A certified copy of a marriage certificate shall be accepted as identification establishing a true, full name for purposes of Section 12800.7 of the Vehicle Code.
(C)CA Family Law Code § 306.5(b)(4)(A)(C) This section does not prohibit the Department of Motor Vehicles from accepting as identification other documents establishing a true, full name for purposes of Section 12800.7 of the Vehicle Code. Those documents may include, without limitation, a certified copy of a marriage certificate recording a marriage outside of this state.
(D)CA Family Law Code § 306.5(b)(4)(A)(D) This section shall be applied in a manner consistent with the requirements of Sections 1653.5 and 12801 of the Vehicle Code.
(5)CA Family Law Code § 306.5(b)(5) The adoption of a new name, or the choice not to adopt a new name, by means of a marriage license application pursuant to paragraph (1) shall only be made at the time the marriage license is issued. After a marriage certificate is registered by the local registrar, the certificate shall not be amended to add a new name or change the name adopted pursuant to paragraph (1). An amendment may be issued to correct a clerical error in the new name fields on the marriage license. In this instance, the amendment shall be signed by one of the parties to the marriage and the county clerk or a deputy clerk, and the reason for the amendment shall be stated as correcting a clerical error. A clerical error as used in this part is an error made by the county clerk, a deputy clerk, or a notary authorized to issue confidential marriage licenses, whereby the information shown in the new name field does not match the information shown on the marriage license application. This requirement does not abrogate the right of either party to adopt a different name through usage at a future date, or to petition the superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure.
(c)CA Family Law Code § 306.5(c) This section does not abrogate the common law right of a person to change their name, or the right of a person to petition the superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure.
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(Amended by Stats. 2019, Ch. 115, Sec. 7. (AB 1817) Effective January 1, 2020.)

Section § 307

Explanation

This section explains a special rule for marriages within religious groups that don't have clergy to perform the ceremony. These marriages are valid if the couple fills out a specific form with details about their marriage, like the date, place, and names of two witnesses. They must also state that the marriage follows their religious customs. The completed form must be sent to the county recorder within 10 days of the marriage.

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)CA Family Law Code § 307(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)CA Family Law Code § 307(a)(1) The fact, time, and place of entering into the marriage.
(2)CA Family Law Code § 307(a)(2) The printed names, signatures, and mailing addresses of two witnesses to the ceremony.
(3)CA Family Law Code § 307(a)(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)CA Family Law Code § 307(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.
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(Amended (as amended by Stats. 2006, Ch. 816) by Stats. 2007, Ch. 483, Sec. 9. Effective January 1, 2008.)

Section § 308

Explanation

If you get married in another state or country and your marriage is valid there, California will also recognize it as valid.

A marriage contracted outside this state that would be valid by laws of the jurisdiction in which the marriage was contracted is valid in California.
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(Amended by Stats. 2016, Ch. 474, Sec. 4. (AB 2882) Effective January 1, 2017.)

Section § 309

Explanation

If one person in a marriage doesn't acknowledge the marriage or won't sign a legal statement confirming it, the other person can take legal steps to officially confirm whether the marriage is valid.

If either party to a marriage denies the marriage, or refuses to join in a declaration of the marriage, the other party may proceed, by action pursuant to Section 103450 of the Health and Safety Code, to have the validity of the marriage determined and declared.
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(Amended by Stats. 2006, Ch. 816, Sec. 6. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)

Section § 310

Explanation

Marriage in California can end in three ways: if one spouse dies, through a divorce ruling, or if a court declares the marriage never legally existed (annulment).

Marriage is dissolved only by one of the following:
(a)CA Family Law Code § 310(a) The death of one of the parties.
(b)CA Family Law Code § 310(b) A judgment of dissolution of marriage.
(c)CA Family Law Code § 310(c) A judgment of nullity of marriage.
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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)