To meet California marriage license requirements, both people must appear together at any county clerk’s office with valid photo ID, be at least 18 and unmarried, pay the county’s fee, and then have the ceremony performed by an authorized officiant within 90 days. California Family Code Section 300 defines marriage as “a personal relation arising out of a civil contract between two persons,” and the state requires consent, a license, and solemnization for that contract to be recognized.1California Legislative Information. California Family Code FAM 300 There is no waiting period, so the license is valid the day it is issued.2California Department of Public Health. California Marriage License General Information
Who Is Eligible
Both people must be at least 18, unmarried, and legally capable of consenting to the contract.3California Legislative Information. California Code Family Code 301 Minors can still marry, but the path is deliberately narrow: a court order under Section 304, written consent from at least one parent or guardian filed with the court, and a certified copy of that order presented to the county clerk before a license will issue.4California Legislative Information. SB 273 – California Family Code 302 Amendment
The unmarried requirement is absolute. If either person has an existing marriage or domestic partnership that has not been legally dissolved, the clerk will not issue the license. Consent must be genuine as well; a marriage entered under duress or fraud can be voided.
Public or Confidential License
California issues two kinds of marriage licenses, and you pick one at the counter.
A public license under Family Code Section 359 is the standard option. The ceremony must have at least one witness, and no more than two, who signs the license, and the completed record is publicly accessible. Anyone can request a copy from the county recorder by paying the fee.5Alameda County Auditor-Controller. Marriage License Types
A confidential license under Family Code Section 500 is available only to two unmarried adults who are already living together as spouses. Minors cannot use it.6California Legislative Information. California Code Family Code 500 No witnesses are required at the ceremony, and only the married couple can obtain copies of the record. The document is genuinely restricted, not just harder to look up.7California Department of Public Health. Types of Marriage Licenses
Either license can be purchased from any county in the state. You do not have to marry in the same county where you bought the license, but the ceremony must happen somewhere in California, and the completed license must be returned to the county that issued it.7California Department of Public Health. Types of Marriage Licenses
What to Bring and What It Costs
Both people must appear together at the county clerk’s office with valid government-issued photo identification proving identity and age. A driver’s license, passport, or military ID all work. Bring each parent’s full legal name and birthplace, including the birth last name of any parent who changed their name at marriage.
If either of you has been married before, you need to know the exact date and manner in which the prior marriage ended, whether by death, divorce, or annulment. If a divorce or domestic partnership termination was finalized within the last 90 days, bring a certified copy of the final judgment showing the judge’s signature and date.2California Department of Public Health. California Marriage License General Information
Fees vary by county and license type, generally running about $79 to $122. San Mateo County charges $79 for a public license and $80 for a confidential one.8San Mateo County Assessor-County Clerk-Recorder & Elections. Marriage Fees Ventura County charges $108 and $122.9Ventura County Clerk-Recorder. Marriage License Los Angeles County sits in between at $91 for public and $85 for confidential.10Los Angeles County Registrar-Recorder/County Clerk. Marriage License and Ceremony Fees Payment is due when the application is processed.
Changing a Name on the License
Under California’s Name Equality Act of 2007, one or both spouses can adopt a new middle or last name directly on the marriage license without a separate court petition. You must make this election when the license is issued. You cannot add or amend name information after the license is printed, and if you change your mind before the ceremony, you have to void the old license and buy a new one.11California Department of Public Health. The Name Equality Act of 2007
New last-name options include your spouse’s current last name, either spouse’s birth last name, or a combination joining all or part of both. Middle name options work similarly: your spouse’s current or birth last name, or your existing middle name combined with a last name. You cannot change your first name through the marriage license, and you cannot simply drop your middle name.11California Department of Public Health. The Name Equality Act of 2007 Decide before the appointment. Once the license prints, you are locked in.
The 90-Day Window
The license takes effect immediately, so same-day weddings are possible. It expires 90 days after issuance, and if the ceremony does not happen within that window the license is void and you must start over with a new application and new fees.2California Department of Public Health. California Marriage License General Information
Who Can Perform the Ceremony
Family Code Section 400 authorizes several categories of officiants, and every officiant must be at least 18:
- Priests, ministers, rabbis, and any authorized person of any religious denomination. A religious leader may decline to perform a marriage that conflicts with their faith without legal or tax consequences to their organization.
- Active or retired judges of California courts, active or retired commissioners of civil marriages, and assistant commissioners.
- Justices of the U.S. Supreme Court, judges of federal appeals and district courts, bankruptcy and tax court judges, and U.S. magistrates, whether active or retired.
- California state legislators, constitutional officers, and Members of Congress representing a California district, while they hold office.
Section 400’s language is broad enough that ministers ordained through online organizations such as the Universal Life Church have routinely officiated legal weddings in California, and the California Department of Public Health confirms that out-of-state ministers authorized under Section 400 may perform ceremonies in the state.13California Department of Public Health. Marriage Officiant Frequently Asked Questions
Deputy Commissioner for a Day
If you want a friend or family member who is not clergy or a judge to marry you, California’s Deputy Commissioner for a Day program temporarily authorizes a layperson to solemnize one specific marriage. The person must be at least 18 but does not need to be a California resident.14County of San Luis Obispo. Deputy Marriage Commissioner for the Day The applicant files paperwork and pays a fee with the county clerk. Los Angeles County charges $75 with a $13 expediting fee for applications less than a month before the ceremony.15Los Angeles County Registrar-Recorder/County Clerk. Deputy Commissioner for a Day Program Fees and lead times vary by county, so check with the one issuing your license.
What the Ceremony Itself Requires
California does not require any particular form of ceremony. No specific script, no religious content. The only legal requirement is that both parties declare, in the physical presence of the officiant and any required witnesses, that they take each other as spouses.16California Legislative Information. California Code Family Code FAM 420 A ceremony that follows religious traditions is equally valid, and the law states that a marriage cannot be invalidated for failing to conform to any religious sect’s requirements.
For a public license, at least one witness and no more than two must be present and sign the license. There is no minimum age for witnesses, but they must be old enough to understand they are witnessing a marriage and able to sign their name.5Alameda County Auditor-Controller. Marriage License Types Confidential licenses require no witnesses.
Returning the License
After the ceremony, the officiant signs the license and must return it to the county recorder of the issuing county within 10 days. Returned means either delivered in person or postmarked within that 10-day window.17California Legislative Information. California Code Family Code FAM 359 This is the officiant’s responsibility, not the couple’s, and it is the step most often forgotten. If you are using a friend through the Deputy Commissioner program, make sure they understand the deadline.
A late filing or procedural error by the officiant does not automatically invalidate the marriage. Family Code Section 306 states that “noncompliance with this part by a nonparty to the marriage does not invalidate the marriage.”18California Legislative Information. California Family Code FAM 306 The marriage is still legal. A missing or late-filed license can still create real problems when you need to prove the marriage exists for insurance enrollment or immigration filings.
Getting a Certified Copy
Once the county recorder processes the returned document, the license becomes your marriage certificate. You do not automatically receive a certified copy. Submit a separate request to the county clerk with a fee. As of January 1, 2026, the California Department of Public Health charges $19 per certified copy of a marriage record.19California Department of Public Health. Vital Records Fees Order at least two. You will need them for name changes on identification, insurance updates, and federal records.