Getting Married in California: Legal Guide for Couples
California marriage laws require couples to obtain a marriage license from a county clerk's office, present valid identification, and have the ceremony performed by an authorized officiant within 90 days of license issuance. Both traditional and confidential marriage licenses are available, with different requirements regarding witnesses and public records.
Understanding California's marriage requirements before your wedding day is crucial, as failure to comply with legal procedures could result in your marriage not being legally recognized. Additionally, couples should consider whether they want a confidential marriage license (which restricts public access to records) or a public license based on their privacy preferences.
Key Considerations
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
California Family Code § 300 - Marriage Requirements
Defines marriage as a personal relation arising out of a civil contract between two consenting adults. Both parties must be at least 18 years old (or have parental consent and a court order if younger), must have capacity to consent, and must not be married to someone else. This law establishes the fundamental requirements for a valid marriage in California.
California Family Code § 350-359 - Marriage License Requirements
Requires couples to obtain a marriage license from a county clerk before getting married. The license is valid for 90 days, and both parties must appear in person to apply. Identification and sometimes proof of divorce (if applicable) are required. This law outlines the procedural steps necessary to legally marry in California.
California Family Code § 400-402 - Solemnization of Marriage
Specifies who can legally perform marriages in California, including clergy members, judges, commissioners, and individuals deputized for a single ceremony. The marriage must be witnessed by at least one person. This law ensures that marriages are properly officiated and documented.
California Family Code § 720-721 - Mutual Obligations in Marriage
Establishes that spouses have mutual obligations of respect, fidelity, and support. This law defines the basic legal expectations of married couples toward each other under California law.
California Family Code § 760 - Community Property
Establishes that all property acquired during marriage is community property, meaning it is owned equally by both spouses regardless of who earned it. This law has significant implications for property ownership and potential division in case of divorce.
California Family Code § 1500-1620 - Premarital Agreements
Allows couples to create legally binding agreements before marriage that can determine property rights, spousal support, and other financial matters. These agreements must be in writing and signed by both parties. This law provides a mechanism for couples to customize certain aspects of their legal relationship.
Regional Variances
Major Metropolitan Areas
Los Angeles County has specific marriage license requirements including appointments at the County Clerk's office. The county offers both public and confidential marriage licenses. Ceremonies can be performed at county offices for an additional fee. Marriage licenses are valid for 90 days from issuance.
San Francisco County offers online pre-application for marriage licenses to expedite the in-person process. The county is known for being historically significant in same-sex marriage rights. City Hall is a popular wedding venue with both private ceremony rooms and the grand staircase as options for ceremonies.
San Diego County requires appointments for marriage licenses and ceremonies. The county offers marriage services at multiple locations including the County Administration Center. Military personnel may receive discounted rates on marriage licenses with valid military ID.
Northern California Regions
Napa County has specific regulations for weddings at wineries and vineyards, which may require special event permits depending on the venue. Marriage licenses must be obtained in person, and the county does not offer as many appointment slots as larger counties.
Sonoma County requires special permits for outdoor weddings on private property with more than 100 guests. The county offers both confidential and public marriage licenses, with confidential licenses requiring proof that couples live together.
Southern California Regions
Orange County offers a unique 'marriage services passport' program that bundles license and ceremony fees. The county has multiple locations for obtaining licenses and performing ceremonies, including the historic Old County Courthouse.
Santa Barbara County has specific regulations for beach weddings, requiring permits from both the county and sometimes the California Coastal Commission. The county clerk offers ceremonies only on specific days of the week.
Rural Counties
Humboldt County has more limited hours for marriage services than urban counties, often requiring advance appointments. For weddings in state parks or forests (common in this region), separate permits are required from state agencies in addition to the marriage license.
Mono County has special considerations for destination weddings near Yosemite and Mammoth Lakes, including potential permits for ceremonies on public lands. The county offices have limited hours for marriage services, so advance planning is essential.
Suggested Compliance Checklist
Research Marriage Requirements in California
1 days after startingBefore beginning the marriage process, research California's specific requirements. Both parties must be at least 18 years old (or have parental/court approval if younger), not currently married to someone else, and not closely related by blood. You'll also need to understand the waiting period and ceremony requirements.
Apply for Marriage License
30 days after startingBoth partners must appear together at a County Clerk's office in California to apply for a marriage license. You'll need valid government-issued photo ID, and possibly birth certificates. The license is valid for 90 days from issuance. There is a fee (typically $35-$100 depending on the county). No blood tests are required in California.
Consider a Prenuptial Agreement
60 days after startingWhile optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. For the agreement to be valid in California, both parties need independent legal counsel, full financial disclosure, and the agreement must be signed voluntarily without duress at least 7 days after presentation. California is a community property state, so without a prenup, assets acquired during marriage are generally split 50/50 upon divorce.
Plan the Marriage Ceremony
60 days after startingIn California, marriages can be performed by authorized officials including clergy, judges, commissioners, or deputy commissioners. You'll need at least one witness for the ceremony. The officiant must complete the marriage license and return it to the county clerk within 10 days after the ceremony.
Apply for Name Change (if applicable)
90 days after startingIf either spouse wishes to change their name after marriage, the process begins with the Social Security Administration, followed by the DMV and other institutions. In California, you can indicate your new name on the marriage license application, which simplifies the process. Otherwise, you'll need to file a Petition for Change of Name with the court.
Update or Create a Will
120 days after startingMarriage significantly changes your legal status. Update your existing will or create a new one to reflect your marital status and ensure your spouse is included according to your wishes. California law may automatically grant certain rights to your spouse even without a will, but having one ensures your specific intentions are documented.
Create Healthcare Power of Attorney
120 days after startingThis document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In California, this is part of an Advance Healthcare Directive. Both spouses should complete this document, have it witnessed or notarized according to California law, and provide copies to healthcare providers.
Create Durable Power of Attorney
120 days after startingThis document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In California, the document must be notarized and should clearly specify what powers are granted. Consider consulting with an attorney to ensure it meets your specific needs.
Update Beneficiary Designations
120 days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in California, so you must update them manually to include your spouse if desired.
Consider Joint Banking Accounts
150 days after startingDecide whether to maintain separate accounts or establish joint accounts. In California, joint accounts provide both spouses equal access and ownership of the funds. Consider the implications for financial independence, convenience, and estate planning when making this decision.
Update Health Insurance Coverage
150 days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment periods. In California, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department for specific requirements.
Review Tax Filing Status Options
180 days after startingMarriage affects your tax filing status. In California, you'll need to decide whether to file state and federal taxes as 'Married Filing Jointly' or 'Married Filing Separately.' This decision can significantly impact your tax liability, so consider consulting with a tax professional to determine the best option for your situation.
Update Property Titles and Deeds
180 days after startingIf either spouse owns real estate, consider whether to add the other spouse to the title. In California, property owned before marriage remains separate property unless explicitly changed to community property. Understand the implications of different property ownership forms (joint tenancy, community property, etc.) before making changes.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research Marriage Requirements in California | Before beginning the marriage process, research California's specific requirements. Both parties must be at least 18 years old (or have parental/court approval if younger), not currently married to someone else, and not closely related by blood. You'll also need to understand the waiting period and ceremony requirements. | - | 1 |
| Apply for Marriage License | Both partners must appear together at a County Clerk's office in California to apply for a marriage license. You'll need valid government-issued photo ID, and possibly birth certificates. The license is valid for 90 days from issuance. There is a fee (typically $35-$100 depending on the county). No blood tests are required in California. | Marriage License Application | 30 |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. For the agreement to be valid in California, both parties need independent legal counsel, full financial disclosure, and the agreement must be signed voluntarily without duress at least 7 days after presentation. California is a community property state, so without a prenup, assets acquired during marriage are generally split 50/50 upon divorce. | Prenuptial Agreement | 60 |
| Plan the Marriage Ceremony | In California, marriages can be performed by authorized officials including clergy, judges, commissioners, or deputy commissioners. You'll need at least one witness for the ceremony. The officiant must complete the marriage license and return it to the county clerk within 10 days after the ceremony. | - | 60 |
| Apply for Name Change (if applicable) | If either spouse wishes to change their name after marriage, the process begins with the Social Security Administration, followed by the DMV and other institutions. In California, you can indicate your new name on the marriage license application, which simplifies the process. Otherwise, you'll need to file a Petition for Change of Name with the court. | Name Change Application | 90 |
| Update or Create a Will | Marriage significantly changes your legal status. Update your existing will or create a new one to reflect your marital status and ensure your spouse is included according to your wishes. California law may automatically grant certain rights to your spouse even without a will, but having one ensures your specific intentions are documented. | Updated Will | 120 |
| Create Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In California, this is part of an Advance Healthcare Directive. Both spouses should complete this document, have it witnessed or notarized according to California law, and provide copies to healthcare providers. | Healthcare Power of Attorney | 120 |
| Create Durable Power of Attorney | This document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In California, the document must be notarized and should clearly specify what powers are granted. Consider consulting with an attorney to ensure it meets your specific needs. | Durable Power of Attorney | 120 |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in California, so you must update them manually to include your spouse if desired. | Beneficiary Designation Forms | 120 |
| Consider Joint Banking Accounts | Decide whether to maintain separate accounts or establish joint accounts. In California, joint accounts provide both spouses equal access and ownership of the funds. Consider the implications for financial independence, convenience, and estate planning when making this decision. | Joint Bank Account Application | 150 |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment periods. In California, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department for specific requirements. | Health Insurance Coverage Change Form | 150 |
| Review Tax Filing Status Options | Marriage affects your tax filing status. In California, you'll need to decide whether to file state and federal taxes as 'Married Filing Jointly' or 'Married Filing Separately.' This decision can significantly impact your tax liability, so consider consulting with a tax professional to determine the best option for your situation. | - | 180 |
| Update Property Titles and Deeds | If either spouse owns real estate, consider whether to add the other spouse to the title. In California, property owned before marriage remains separate property unless explicitly changed to community property. Understand the implications of different property ownership forms (joint tenancy, community property, etc.) before making changes. | - | 180 |
Frequently Asked Questions
To get married in California, both parties must be at least 18 years old (or have parental consent if younger), not already married to someone else, and not closely related by blood. You'll need to obtain a marriage license from a county clerk's office, which requires both parties to appear in person with valid identification. The license is valid for 90 days, and you'll need an officiant and at least one witness for the ceremony. After the ceremony, the officiant must return the completed license to the county clerk within 10 days for registration.
No, California no longer requires blood tests for marriage licenses. This requirement was eliminated in 1995. You only need to provide proper identification and complete the necessary paperwork at the county clerk's office.
Marriage license fees in California vary by county, typically ranging from $35 to $100. Some counties may charge additional fees for certified copies of your marriage certificate, which you'll need for name changes and other legal purposes. It's best to check with the specific county clerk's office where you plan to apply for current fee information.
California offers two types of marriage licenses: public and confidential. A public marriage license makes your marriage record available to anyone who requests it. A confidential marriage license keeps your marriage record private, accessible only to the married couple or by court order. For a confidential license, couples must be living together at the time of application. The fees and validity period are similar for both types, but a confidential license doesn't require a witness during the ceremony.
No, name changes are not automatic after marriage in California. If you wish to change your name, you can use your marriage certificate as legal proof to update your name with various agencies, including the Social Security Administration, DMV, and financial institutions. Either spouse can take the other's last name, create a hyphenated name, or choose a completely new shared surname. If you want a name change that isn't directly taking your spouse's name, you may need to go through a formal court petition process.
California is a community property state, which means that most assets and debts acquired during the marriage are considered to be owned equally by both spouses, regardless of who earned the money or whose name is on the title. Assets owned before marriage, inheritances, and gifts typically remain separate property. This law becomes particularly important if the marriage ends in divorce, as community property is generally divided equally. Understanding these laws can help couples make informed decisions about property management during marriage.
A prenuptial agreement isn't legally required in California, but it can be beneficial depending on your circumstances. If either party has significant assets, owns a business, expects a large inheritance, has children from a previous relationship, or has significantly more debt than the other, a prenup might be worth considering. A valid prenup in California requires full financial disclosure, must be in writing, signed voluntarily by both parties, and each person should have independent legal counsel. It must also be signed at least seven days after it was first presented to the other party.
Yes, in California you can get married the same day you receive your marriage license. There is no waiting period between receiving the license and having the ceremony. However, both parties must appear together at the county clerk's office to apply for the license, and you'll need to have an officiant and witness (for public marriages) available for the ceremony. The marriage license is valid for 90 days from the date of issuance, so you have flexibility in scheduling your ceremony within that timeframe.