How to Get Married in California (2026)
Reviewed by DocDraft Legal Team · California · Last updated 2026-05-18
California runs its marriage-license system on its own family-law code. The post-license waiting period is set by statute: No statutory waiting period between license issuance and ceremony. License validity in California: 90 days from issuance. On common-law marriage, Not recognized; California does not permit a couple to contract a common-law marriage within the state. Marriages valid where contracted (including common-law marriages from recognizing states) are honored under Family Code § 308. This guide details what California requires from license application through return of the signed license to the clerk after the ceremony.
Key Considerations
California also imposes timing rules on either side of license issuance. The waiting period (if any) controls how soon after the license is issued the ceremony can lawfully occur: No statutory waiting period between license issuance and ceremony. The validity window controls how long the license remains good: 90 days from issuance. Couples should calendar both dates against the planned ceremony date.
Beyond the license itself, two California rules shape what counts as a legally completed marriage. The first is whether California still permits common-law marriage at all: Not recognized; California does not permit a couple to contract a common-law marriage within the state. Marriages valid where contracted (including common-law marriages from recognizing states) are honored under Family Code § 308. The second is the list of people who may lawfully perform the ceremony: Priest, minister, rabbi, or authorized person of any religious denomination 18+; judges and retired judges, commissioners of civil marriages, U.S. federal judges and magistrates; specified elected officials (state legislators, congressional representatives, city/county officials, charter city clerks) 18+. Persons may apply to be a Deputy Commissioner of Civil Marriages for a Day under § 401. Both are settled by statute.
The cost and minimum-age rules sit at the front of the California marriage-license process. On cost, No statewide fixed fee in the Family Code; fee is set by each county clerk per Government Code authority. Representative figure: Los Angeles County Registrar-Recorder/County Clerk $91 for public license, $85 for confidential license (LA County schedule). Per-county exhaustive schedule out of scope. On age, Under-18 applicants may obtain a license only with a court order under Family Code § 302 plus written consent of at least one parent or guardian, and Family Court Services interview / report under § 304. Couples planning a California ceremony should resolve both questions before booking a venue.
Need These Documents?
DocDraft can help you draft them with AI, with licensed attorney review included. Plans from $39.99/mo.
Relevant Documents
California couples typically present this stack at the clerk's office: the completed marriage-license application, valid government photo identification, and (where applicable) the premarital-course completion certificate. The certificate of completion from a state-approved premarital provider, in states that offer the program, is the operative document for fee or wait reduction at the license counter. The California marriage-license fee is paid to the issuing clerk at the time the application is filed.
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
File the marriage-license application with the California issuing clerk (county clerk, town clerk, or probate office.
Before the ceremony days after startingNo statewide fixed fee in the Family Code; fee is set by each county clerk per Government Code authority. Representative figure: Los Angeles County Registrar-Recorder/County Clerk $91 for public license, $85 for confidential license (LA County schedule). Per-county exhaustive schedule out of scope. Each applicant should bring valid photo identification and any prior-marriage termination documents the clerk requests.
Have identification and prior-marriage paperwork ready when filing the application
Before the ceremony days after startingStandard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married.
Account for the post-license waiting period when picking a ceremony date
Before the ceremony days after startingNo statutory waiting period between license issuance and ceremony. The waiting period (where the state imposes one) runs from the license issuance date, so the application timing has to be worked backward from the planned ceremony date.
Track the license validity window
Before applying days after starting90 days from issuance. The wedding has to occur inside that window; if it does not, the license lapses and a fresh license (with a new fee and another application) is required.
If a premarital-course discount applies, complete an approved course before applying
Before the ceremony days after startingNo statutory discount identified in this pass (consult the state code). Bring the original certificate of completion to the application appointment so the clerk can apply the discount or waiver at filing.
Complete the ceremony with an officiant who falls inside the California authorized-officiant list
At the ceremony days after startingPriest, minister, rabbi, or authorized person of any religious denomination 18+; judges and retired judges, commissioners of civil marriages, U.S. federal judges and magistrates; specified elected officials (state legislators, congressional representatives, city/county officials, charter city clerks) 18+. Persons may apply to be a Deputy Commissioner of Civil Marriages for a Day under § 401. An out-of-state officiant performing the ceremony inside California should be confirmed against the California list, since reciprocity is not automatic.
Have the officiant return the executed license to the clerk after the ceremony
After the ceremony days after startingThe clerk records the marriage and issues the certified certificate; many states impose a strict return deadline (often 10 to 30 days), so the officiant should not delay.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| File the marriage-license application with the California issuing clerk (county clerk, town clerk, or probate office. | No statewide fixed fee in the Family Code; fee is set by each county clerk per Government Code authority. Representative figure: Los Angeles County Registrar-Recorder/County Clerk $91 for public license, $85 for confidential license (LA County schedule). Per-county exhaustive schedule out of scope. Each applicant should bring valid photo identification and any prior-marriage termination documents the clerk requests. | - | Before the ceremony |
| Have identification and prior-marriage paperwork ready when filing the application | Standard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married. | - | Before the ceremony |
| Account for the post-license waiting period when picking a ceremony date | No statutory waiting period between license issuance and ceremony. The waiting period (where the state imposes one) runs from the license issuance date, so the application timing has to be worked backward from the planned ceremony date. | - | Before the ceremony |
| Track the license validity window | 90 days from issuance. The wedding has to occur inside that window; if it does not, the license lapses and a fresh license (with a new fee and another application) is required. | - | Before applying |
| If a premarital-course discount applies, complete an approved course before applying | No statutory discount identified in this pass (consult the state code). Bring the original certificate of completion to the application appointment so the clerk can apply the discount or waiver at filing. | - | Before the ceremony |
| Complete the ceremony with an officiant who falls inside the California authorized-officiant list | Priest, minister, rabbi, or authorized person of any religious denomination 18+; judges and retired judges, commissioners of civil marriages, U.S. federal judges and magistrates; specified elected officials (state legislators, congressional representatives, city/county officials, charter city clerks) 18+. Persons may apply to be a Deputy Commissioner of Civil Marriages for a Day under § 401. An out-of-state officiant performing the ceremony inside California should be confirmed against the California list, since reciprocity is not automatic. | - | At the ceremony |
| Have the officiant return the executed license to the clerk after the ceremony | The clerk records the marriage and issues the certified certificate; many states impose a strict return deadline (often 10 to 30 days), so the officiant should not delay. | - | After the ceremony |
Frequently Asked Questions
No statutory waiting period between license issuance and ceremony. The waiting period (if any) starts running from the date the license is issued, not from the date the application is filed; the date that controls is the issuance date on the license itself.
Not recognized; California does not permit a couple to contract a common-law marriage within the state. Marriages valid where contracted (including common-law marriages from recognizing states) are honored under Family Code § 308. Couples who established a common-law marriage in a recognizing state and then moved to California should be aware that California courts generally honor a marriage that was validly formed elsewhere under choice-of-law principles, even when the state itself would not let the couple form one inside its borders today.
No statewide fixed fee in the Family Code; fee is set by each county clerk per Government Code authority. Representative figure: Los Angeles County Registrar-Recorder/County Clerk $91 for public license, $85 for confidential license (LA County schedule). Per-county exhaustive schedule out of scope. Verify the current charge with the specific California clerk that will issue the license; some clerks publish the figure online and others quote it only at the counter.
Other California guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.