Part 2MARRIAGE LICENSE
Section § 350
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.
Section § 351
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.
Section § 351.5
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.
Section § 351.6
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.
Section § 352
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.
Section § 354
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.
Section § 355
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.
Section § 356
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.
Section § 357
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.
Section § 358
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.
Section § 359
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.
Section § 360
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.