Section § 350

Explanation

Before getting married, you need to get a marriage license from the county clerk. If someone is marrying under special circumstances where one partner is overseas, a representative, called an attorney-in-fact, must get the license on their behalf.

(a)CA Family Law Code § 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.
(b)CA Family Law Code § 350(b) If a marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney-in-fact shall appear before the county clerk on behalf of the party who is overseas, as prescribed in subdivision (a).

Section § 351

Explanation

A marriage license in California must include several key details about the people getting married. It needs to show who they are, their full names from birth or legal change, their mailing addresses, and their birth dates.

The marriage license shall show all of the following:
(a)CA Family Law Code § 351(a) The identity of the parties to the marriage.
(b)CA Family Law Code § 351(b) The parties’ full given names at birth or by court order, and mailing addresses.
(c)CA Family Law Code § 351(c) The parties’ dates of birth.

Section § 351.5

Explanation

This law allows either person applying for a marriage certificate, or any witness to the marriage, to request that their business address or a P.O. box be used on the marriage documents instead of their home address.

Notwithstanding subdivision (b) of Section 351 or 359 of this code, or Section 103175 of the Health and Safety Code, 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 shall 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

Explanation

This law allows people involved in a marriage application or ceremony, like applicants or witnesses, to use a home address, business address, or a post office box for mailing purposes, ignoring certain previous restrictions.

Notwithstanding Section 307, 351, 351.5, 359, or 422 of this code, or Section 103175 or 103180 of the Health and Safety Code, a mailing address used by an applicant, witness, or person solemnizing or performing the marriage ceremony shall be a residential address, a business address, or a United States Postal Service post office box.

Section § 352

Explanation

This section says that you can't get a marriage license if you or your partner can't legally marry or if either of you is drunk or on drugs when applying.

No marriage license shall be 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

Explanation

If you want to get a marriage license in California, you need to show a photo ID that the county clerk accepts as proof of your name and birthdate. If you can't provide an ID, you can use sworn statements from credible witnesses instead. The clerk can ask you questions under oath to confirm your information, which they will write down for you to sign. The clerk might also ask for additional documents if needed. You don't have to give information about your race or color. If the marriage involves someone overseas, their representative must handle these requirements for them.

(a)CA Family Law Code § 354(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)CA Family Law Code § 354(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)CA Family Law Code § 354(c) If necessary, the clerk may request additional documentary proof as to the accuracy of the facts stated.
(d)CA Family Law Code § 354(d) Applicants for a marriage license shall not be required to state, for any purpose, their race or color.
(e)CA Family Law Code § 354(e) If a marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney in fact shall comply with the requirements of this section on behalf of the applicant who is overseas, if necessary.

Section § 355

Explanation

This law explains how the marriage license forms in California are designed and what they must include. The State Department of Public Health creates the forms, which must capture specific information. The form includes a statement that the couple has read a required brochure, and both applicants need to sign it. If one partner is overseas, a legal representative can sign for them. Additionally, there must be sections on the form where either or both parties can indicate a change of name after marriage.

(a)CA Family Law Code § 355(a) The forms for the marriage license shall be prescribed by the State Department of Public Health, and shall be adapted to set forth the facts required in this part.
(b)CA Family Law Code § 355(b) The marriage license shall include an affidavit, which the applicants shall sign, affirming that they have received the brochure provided for in Section 358. If the marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney in fact shall sign the affidavit on behalf of the applicant who is overseas.
(c)CA Family Law Code § 355(c) The forms for the marriage license shall contain spaces for either party or both parties to indicate a change in name pursuant to Section 306.5.

Section § 356

Explanation

This law states that a marriage license in California is only valid for 90 days from the date it is issued. The expiration date must be clearly marked on the license itself.

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.

Section § 357

Explanation

This law section explains that the county clerk must keep track of each marriage license and regularly update the county recorder with this information. The county recorder must inform people if their marriage license hasn't been returned within 60 days and remind them that it will expire if not taken care of. Additionally, the county recorder must also tell the couple that the person who officiated their wedding has to send the marriage license back to the recorder's office within 10 days after the wedding.

(a)CA Family Law Code § 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)CA Family Law Code § 357(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)CA Family Law Code § 357(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.

Section § 358

Explanation

This law requires the State Department of Public Health in California to create and distribute a brochure that provides information on genetic defects, AIDS, domestic violence, and name change options related to marriage. The brochure is given to those applying for a marriage license and those registering as domestic partners. It also mandates the distribution of a specialized brochure for the LGBTQ community on domestic abuse, depending on available funds. The brochure should be easily accessible and aims to combine all necessary information into one document whenever possible.

(a)CA Family Law Code § 358(a) The State Department of Public Health shall prepare and publish a brochure that shall contain the following:
(1)CA Family Law Code § 358(a)(1) Information concerning the possibilities of genetic defects and diseases and a listing of centers available for the testing and treatment of genetic defects and diseases.
(2)CA Family Law Code § 358(a)(2) Information concerning acquired immunodeficiency syndrome (AIDS) and the availability of testing for antibodies to the probable causative agent of AIDS.
(3)CA Family Law Code § 358(a)(3) Information concerning domestic violence, including resources available to victims and a statement that physical, emotional, psychological, and sexual abuse, and assault and battery, are against the law.
(4)CA Family Law Code § 358(a)(4) Information concerning options for changing a name upon solemnization of marriage pursuant to Section 306.5, or upon registration of a domestic partnership pursuant to Section 298.6. That information shall include a notice that the recording of a change in name or the absence of a change in name on a marriage license application and certificate pursuant to Section 306.5 may not be amended once the marriage license is issued, but that options to adopt a change in name in the future through usage, common law, or petitioning the superior court are preserved, as set forth in Section 306.5.
(b)CA Family Law Code § 358(b) The State Department of Public Health shall make the brochures available to county clerks who shall 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 pursuant to Section 503. The department shall also make the brochure available to the Secretary of State, who shall distribute a copy of the brochure to persons who qualify as domestic partners pursuant to Section 297 and shall make the brochure available electronically on the Internet Web site of the Secretary of State.
(c)CA Family Law Code § 358(c) The department shall prepare a lesbian, gay, bisexual, and transgender specific domestic abuse brochure and make the brochure available to the Secretary of State who shall print and make available the brochure, as funding allows, pursuant to Section 298.5.
(d)CA Family Law Code § 358(d) Each notary public issuing a confidential marriage license under Section 503 shall distribute a copy of the brochure to the applicants for a confidential marriage license.
(e)CA Family Law Code § 358(e) To the extent possible, the State Department of Public Health shall seek to combine in a single brochure all statutorily required information for marriage license applicants.

Section § 359

Explanation

If you want to get married, both of you need to go together to the county clerk to get a marriage license, unless specific exceptions apply. The details of what's on the license are found in the Health and Safety Code. Once you have the license, you need to give it to the person who will be performing your marriage ceremony. That person will fill out certain parts of the license and include the name, signature, and address of one or two people who witness the ceremony. After the wedding, the officiant must return the completed license to the county recorder where you got it, within 10 days. The term 'returned' can mean either delivering it in person or mailing it before the deadline. These rules take effect on January 1, 2024.

(a)CA Family Law Code § 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)CA Family Law Code § 359(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)CA Family Law Code § 359(c) The issued marriage license shall be presented to the person solemnizing the marriage by the parties to be married.
(d)CA Family Law Code § 359(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)CA Family Law Code § 359(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)CA Family Law Code § 359(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.
(g)CA Family Law Code § 359(g) This section shall become operative on January 1, 2024.

Section § 360

Explanation

If a marriage license is lost, damaged, or destroyed after the wedding but before it's given back to the county recorder, the officiant must get a duplicate by filing an affidavit with the county clerk. This duplicate has to be issued and returned within a year of the wedding. The clerk may charge a fee to cover costs. If the license is lost, damaged, or destroyed before the ceremony, the couple must get a new one, and the old one is canceled.

(a)CA Family Law Code § 360(a) 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, in order to comply with Section 359, shall 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.
(b)CA Family Law Code § 360(b) The duplicate marriage license shall not be issued later than one year after the date of marriage and shall be returned by the person solemnizing the marriage to the county recorder within one year of the date of marriage.
(c)CA Family Law Code § 360(c) The county clerk may charge a fee to cover the actual costs of issuing a duplicate marriage license.
(d)CA Family Law Code § 360(d) If a marriage license is lost, damaged, or destroyed before a marriage ceremony takes place, the applicants shall purchase a new marriage license and the old license shall be voided.