To marry in California, both people must be at least 18 (with narrow exceptions for minors who obtain a court order), and they must get a marriage license from a county clerk and have the marriage solemnized by an authorized officiant. Neither person can already be married, and they cannot be closely related by blood. These are the core California marriage requirements set out in the Family Code, and each one carries real consequences when ignored.
Age: 18 or a Court Order
Family Code Section 301 lets two unmarried people who are 18 or older and not otherwise disqualified consent to marriage.1California Legislative Information. California Family Code – Section 301 That is the default, and it covers nearly every California marriage.
Someone under 18 can still marry, but only through a stricter process. Section 302 requires the minor to obtain a court order granting permission, along with the written consent of at least one parent or guardian. Both the court order and written parental consent must be filed with the court clerk, and a certified copy of the order goes to the county clerk before a license will be issued.2California Legislative Information. California Family Code – Section 302 The court weighs whether the marriage genuinely serves the minor’s interests, and judges have broad discretion to say no.
If a minor marries without going through that court process, the marriage is voidable. The minor, or someone acting on their behalf, can later ask a court to annul it.3California Legislative Information. California Family Code – Section 2210
The Three Ingredients of a Valid Marriage
Family Code Section 300 sets out what a legal marriage requires: mutual consent from both parties, a marriage license issued by a county clerk, and solemnization by someone the state authorizes to perform marriages.4California Legislative Information. California Family Code – Section 300 Consent alone is not enough. A private ceremony without a license does not create a marriage, and a license that never leads to a ceremony does not either.
The document starts as a marriage license when the county clerk issues it and becomes a marriage certificate once the officiant returns it and it is registered with the county recorder.
Getting the Marriage License
Both people must appear in person at a county clerk’s office and bring valid photo identification showing a photograph, date of birth, and issue and expiration date. A driver’s license, state ID, passport, or military ID all work, and some counties also ask for a birth certificate. Blood tests are not required.5California Department of Public Health. California Marriage License General Information
You do not need to be a California resident. If either person was previously married, you will need the exact date that marriage ended and how it ended (death, dissolution, or annulment), and some counties want a copy of the final judgment.
Once issued, the license is valid for 90 days. If no ceremony happens within that window, the license expires and you have to buy a new one.5California Department of Public Health. California Marriage License General Information There is no waiting period, so you can marry the same day you get the license. Fees vary by county but generally run between $35 and $100.
Public or Confidential License
California offers two kinds of marriage licenses. A public license is the standard option. It requires at least one witness at the ceremony (and no more than two witnesses may sign), and a certified copy of the certificate is available to authorized individuals under state law.6San Mateo County Assessor-County Clerk-Recorder. What Is the Difference Between a Confidential and a Public Marriage License
A confidential license is available to people 18 or older who have been living together as spouses. No witness is required at the ceremony, and the record is not public. Only the married parties themselves can obtain a certified copy. You do not have to provide documentary proof of cohabitation, but you declare it under penalty of perjury on the application.6San Mateo County Assessor-County Clerk-Recorder. What Is the Difference Between a Confidential and a Public Marriage License
Who Can Perform the Ceremony
California authorizes a broad range of people to officiate, so long as the officiant is at least 18. The list under Family Code Sections 400 through 402 includes any priest, minister, or rabbi of any denomination; active or retired judges, commissioners of civil marriages, and assistant commissioners of any California court of record; California state legislators, constitutional officers, and members of Congress representing California districts while in office; deputy commissioners deputized by the county clerk to perform marriages; and active or retired federal judges or magistrates.7California Department of Public Health. Marriage Officiant Frequently Asked Questions A ceremony performed by someone outside these categories opens the marriage’s validity to challenge.
Family Code Section 420(a) requires both parties, the officiant, and any witness to be physically present together in the same location. California generally does not recognize proxy marriages. The one exception is for a member of the U.S. Armed Forces stationed overseas and serving in a conflict or war who cannot appear in person; that service member may authorize an attorney-in-fact through a power of attorney to stand in at the ceremony.5California Department of Public Health. California Marriage License General Information
Marriages California Will Not Allow
Two categories of marriage are void from the start, meaning the state treats them as if they never existed.
Incestuous marriages are void regardless of whether the relationship is by whole or half blood, and regardless of whether it is legitimate or illegitimate. The prohibited relationships include parent and child, grandparent and grandchild (and every degree of ancestor-descendant), brother and sister, uncle and niece, and aunt and nephew.8Justia Law. California Family Code – Sections 2200-2201
Bigamous marriages are also void. If you marry while a prior marriage is still legally in effect, the second marriage is invalid from the beginning. Two narrow exceptions exist: if the former spouse has been absent and not known to be alive for five consecutive years before the new marriage, or if the former spouse was generally believed to be dead at that time. Even then, the second marriage remains valid only until a court formally declares it a nullity.8Justia Law. California Family Code – Sections 2200-2201 Bigamy is also a criminal offense under California Penal Code Section 281.
When a Marriage Can Be Annulled
A voidable marriage differs from a void one. A void marriage is treated as though it never happened. A voidable marriage is legally valid until a court annuls it. Family Code Section 2210 lists six grounds:
- One party was under 18 and did not go through the Section 302 court-order process.
- One party was already married but reasonably believed the former spouse was dead or had been missing for at least five years.
- One party lacked the mental capacity to consent, unless that party later regained capacity and continued living with the other spouse.
- Consent was obtained through fraud, unless the deceived party later learned the truth and continued the relationship.
- One party was coerced into the marriage, unless they later continued the relationship voluntarily.
- One party was physically incapable of consummating the marriage, and the condition is ongoing and apparently incurable.
Notice the pattern for fraud, force, and unsound mind: the right to annul evaporates if the affected party learns the truth or recovers capacity and freely continues living with the other spouse. Courts treat continued cohabitation in those situations as ratification.
Marriages Entered Outside California
A marriage performed elsewhere is valid in California if it was valid where it was performed. Family Code Section 308 says so directly, and this covers both other states and foreign countries.9California Legislative Information. California Family Code – Section 308 The main limit is that a marriage violating California’s strong public policies, such as an incestuous marriage legal in another jurisdiction, could be challenged.
What Changes Once You Are Married
A valid California marriage triggers community property rules automatically. Under Family Code Section 760, virtually all property acquired by either spouse during the marriage while living in California is community property, owned equally by both.10California Legislative Information. California Family Code – Section 760 That includes wages, real estate purchased during the marriage, and most other assets. Property owned before the marriage or received as a gift or inheritance generally remains separate property. A prenuptial agreement can change these default rules; without one, community property law controls.
Marriage also opens up federal filing options and benefits. Married couples can file jointly, and for tax year 2026 the joint standard deduction is $32,200 versus $16,100 for single filers.11Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 A current spouse qualifies for Social Security spousal benefits based on the other spouse’s earnings record after one year of marriage.12Social Security Administration. What Are the Marriage Requirements To Receive Social Security Spouse’s Benefits
Marrying for Immigration Purposes Is a Separate Federal Crime
One boundary worth knowing: entering into a marriage solely to evade federal immigration laws is a federal crime under 8 U.S.C. ยง 1325(c), punishable by up to five years in federal prison, a fine of up to $250,000, or both.13Office of the Law Revision Counsel. 8 USC 1325 – Improper Entry by Alien Prosecutors can add charges like visa fraud or false statements. A fraudulent marriage will not produce the immigration benefit the parties wanted, and the non-citizen spouse faces deportation and a permanent bar on future immigration applications.