Types of Marriage Licenses in California

There are two types
of marriage licenses
commonly issued in
California.
The public marriage
license and the
confidential marriage
license. There are
requirements for each
of the licenses listed
below.


Public Marriage License:

You must be at least 18 years old. Persons under 18 with written
consent from at least one parent (or legal guardian) AND permission
from a California Superior Court Judge may marry. Emancipated minors
are NOT exempt from this process. Contact the County Clerk’s Office
in your county for further information regarding these requirements.

The marriage license may be obtained from any county in California.
You are not required to get married in the county where you purchase
the public marriage license; however, you must be married in California.
You must file the license in the county where it was purchased.

You must have at least one witness present at your ceremony. The license
contains a place for two witnesses if you prefer. You may NOT have more
than two witnesses sign the official marriage license. Licenses received
with more than two witnesses signatures will be returned to the officiant
and a duplicate marriage license will need to be purchased.

There is no age requirement in California for witnesses, however, they
must be old enough to know that they are witnessing a marriage ceremony,
AND be able to sign their name on the official marriage license.

The marriage license is registered at the County Recorder’s Office in
the county where the license was purchased, and is a public record. Anyone
may request copies of the marriage license by submitting the required fee
to the County Recorder. Only one officiant may sign the marriage certificate
as solemnized.


Confidential Marriage License:

The participating parties must be at least 18 years old to apply for a
confidential marriage license. Minors may NOT purchase a confidential
marriage license.

The participating parties must be living together as spouses at the time
they apply for the marriage license, and must sign an affidavit on the
license attesting to those facts.

The couple MUST be married in the county where the license is issued.

No witnesses are required to be at the ceremony, AND no witnesses sign
on the marriage license.

The marriage license is a confidential record and is registered at the
County Clerk’s Office in the county where it was purchased. Only the
couple may purchase copies of the marriage license and must present
valid picture identification together with the required fee to the
County Clerk in order to do so. Persons other than the married couple
requesting copies of a confidential marriage license may only do so by
presenting a court order to the County Clerk in the county where the
license is registered.

Copies of confidential marriages are not available from the state office.