🥝GuideKiwi
Free Guide

Free Guide to Getting a Marriage License in California

Understanding California Marriage License Requirements A marriage license in California is an official document issued by the county that allows two people t...

GuideKiwi Editorial Team·

Understanding California Marriage License Requirements

A marriage license in California is an official document issued by the county that allows two people to get married. Before you can hold a wedding ceremony in California, you and your partner must obtain this license from your county clerk's office. The state of California has specific rules about who may marry and what documents you need to provide.

California law requires that both people getting married must be at least 18 years old. If either person is 17, they can only marry with permission from a parent or guardian and a court order. Same-sex and opposite-sex couples follow the same process and have the same requirements.

You do not need to be a California resident to get married in California. People from other states and countries can obtain a marriage license here. However, you must go in person to a California county clerk's office to start the process. You cannot complete the entire process by mail or online.

The marriage license itself is not the marriage certificate. The license is what you obtain before the wedding. After the ceremony, the person who performs the wedding (such as a religious official or notary public) completes and files the license with the county. That becomes your official marriage certificate.

California does not have a waiting period between getting a license and getting married. You can marry the same day you receive your license, or you can wait. The license is valid for 90 days after you receive it. If 90 days pass without a wedding ceremony taking place, the license expires and you would need to obtain a new one.

Practical takeaway: Plan to visit your county clerk's office in person during business hours. Bring the required documents listed in this guide, and know that you can marry immediately after receiving your license or wait up to 90 days.

Required Documents and Information to Bring

When you visit the county clerk's office to get a marriage license, you must bring specific documents for both people getting married. Having these documents ready before you go will make the process faster and will prevent delays.

Both people must bring a valid government-issued photo ID. This can include a driver's license, passport, passport card, state ID card, or military ID. The ID must not be expired. If you have changed your name since your ID was issued, you may also need to bring documentation of that name change, such as a divorce decree, court order, or birth certificate showing your current legal name.

You will need to provide proof of your date of birth. A certified copy of your birth certificate is the most common document used. If you do not have a birth certificate, you may use a passport, passport card, or military ID that shows your birth date. In some cases, the county clerk may accept other documents like a school record or baptismal certificate if you cannot obtain a birth certificate.

Both people must provide their Social Security numbers. You will need to know these numbers or bring a document showing them, such as a Social Security card, tax return, or W-2 form. The county will use these numbers to check for prior marriages and to keep records.

If either person was previously married, you will need to bring a certified copy of the document that ended that marriage. This could be a divorce decree, annulment decree, or death certificate of a former spouse. The divorce or annulment must be final. If your divorce is still pending or was very recent, the county clerk can tell you whether additional paperwork is needed.

You do not need to bring a witness to the county clerk's office when you apply for the license. However, you will need one or two witnesses present at your wedding ceremony, depending on who performs the ceremony. A witness must be at least 18 years old and mentally capable of understanding the significance of being a witness.

Practical takeaway: Create a checklist of documents before your visit: valid photo IDs for both people, proof of birth dates, Social Security numbers, and documents proving that any prior marriages have ended. This preparation saves time and prevents return trips.

The County Clerk Visit: What to Expect

When you arrive at your county clerk's office, you will check in and wait for your appointment or your turn to be served. County clerk offices vary in size and how busy they are. Some offices require you to make an appointment ahead of time, while others serve people on a first-come, first-served basis. Contact your specific county clerk's office to find out their procedure. You can find contact information by searching online for "[Your County Name] Clerk Office" or by visiting your county's official website.

During your visit, a clerk will review your documents and ask you questions. You will both be asked to confirm your names, dates of birth, Social Security numbers, and whether either of you has been married before. The clerk will verify that you are not currently married to each other or to someone else. You will also be asked general questions about whether you understand you are entering into marriage and whether you are doing so of your own free will.

The clerk will ask about your residency status, though you do not need to be a California resident. You may be asked your occupation or employer information, though this is optional. You will need to state what last name you plan to use after marriage. In California, either person may keep their current name, take their partner's name, combine names, or choose a different name altogether. You do not need court permission to use a different last name after marriage—you can simply use it.

The cost of a marriage license in California is typically between $65 and $105, depending on which county you are in. Some counties charge slightly different amounts. Payment is usually made by cash, check, or credit card. Ask about payment methods when you call to find out about appointments. A few California counties offer fee reductions or waivers for people with low income—ask the clerk if this is available where you are.

Once the clerk has reviewed everything, both people must sign the marriage license application. You will receive a certified copy of the license. This is the document you will show to whoever performs your wedding ceremony. The clerk will keep a copy and send information to the state.

The entire visit usually takes 15 to 30 minutes. If the office is very busy, you may wait longer. It is a good idea to bring all documents organized and to dress as you normally would—there is no special dress code for this appointment.

Practical takeaway: Call your county clerk's office ahead of time to learn their specific procedures, whether appointments are needed, what hours they are open, and what they accept as payment. Arrive with all documents organized and allow at least one hour for your entire visit, including waiting time.

Name Changes and Special Situations

In California, you have complete freedom to choose what last name to use after marriage. This choice is made when you receive your marriage license and does not require any court paperwork. You can keep your current name, take your partner's name, hyphenate your names, combine them in a new way, or choose a completely different last name. Whatever name you put on your marriage license will be the name shown on your marriage certificate.

If you want to use a different name after marriage, you can simply start using that name once you have your marriage certificate. You will not need a court order or any additional government permission. To update your name with Social Security, the DMV, passport office, bank, and other organizations, you will present your marriage certificate as proof of your name change. Most organizations accept this without requiring additional paperwork.

If you have a prior marriage that was annulled, the process is similar to a divorce. You will bring your annulment decree showing that the marriage was voided. This allows you to marry again in California without any additional steps.

If you were previously married and your former spouse passed away, you will bring a death certificate. This shows that your prior marriage ended through death rather than divorce.

Some people may have changed their name for other reasons before marriage—through a court order, through common law name change, or through name change based on cultural or religious practice. If your current government-issued ID does not match the name on your birth certificate, bring both documents. The county clerk will review them to confirm your identity. This situation does not prevent you from getting a marriage license; it just requires you to show both documents.

If you have a disability or condition that prevents you from visiting the county clerk's office in person, contact the clerk ahead of time to discuss your situation. Some counties may be able to make accommodations or may have procedures for special circumstances. Each county has some flexibility in how they handle requests.

If you and your partner

🥝

More guides on the way

Browse our full collection of free guides on topics that matter.

Browse All Guides →