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California Marriage Laws

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1. Get Ordained- View information about what World Christianship Ministries offers and our brief application. Click Blue Apply Now Button below.

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2. Apply for ordination in one of 4 Ways:  After completing the brief application you may: Call in your application, Fax in your application, PDF your application to us by E-Mail, or Mail in your application.


3. Perform the wedding ceremony....We suggest you get a copy of World Christianship Ministries "Marriage Minister Handbook" before doing a wedding.  It is a "straight to the point" guide for everything concerning the wedding such as: handling the Marriage License, where people stand, example marriage ceremonies, opportunities open to you as a Marriage Minister, Advertising, Location of Ceremonies, what to wear, and more. (Based on over 2,500 weddings performed by the Administrator of WCM).



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California Marriage Laws
People who can solemnize marriage in California

Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by any of the following who is 18 years of age or older:

(a) A priest, minister, rabbi, or authorized person of any religious denomination.  A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of his or her faith.  Any refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity.

(b) A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.

(c) A judge or magistrate who has resigned from office.

(d) Any of the following judges or magistrates of the United States:

(1) A justice or retired justice of the United States Supreme Court.

(2) A judge or retired judge of a court of appeals, a district court, or a court created by an act of Congress the judges of which are entitled to hold office during good behavior.

(3) A judge or retired judge of a bankruptcy court or a tax court.

(4) A United States magistrate or retired magistrate.

(e) A legislator or constitutional officer of this state or a Member of Congress who represents a district within this state, while that person holds office.


Links to Marriage Laws for Other States and More Information


Other Marriage Laws, Statutes, Codes in California
    • 300 Validity of Marriage

      (a) Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).

      (b) For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county recorder, at which time the license becomes a marriage certificate.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 302 Validity of Marriage

      (a) An unmarried male or female under the age of 18 years is capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to marry.

      (b) The court order and written consent of the parents of each underage person, or of one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 303 Validity of Marriage

      If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 304 Validity of Marriage

      As part of the court order granting permission to marry under Section 302 or 303, the court shall require the parties to the prospective marriage of a minor to participate in premarital counseling concerning social, economic, and personal responsibilities incident to marriage, if the court considers the counseling to be necessary. The parties shall not be required, without their consent, to confer with counselors provided by religious organizations of any denomination. In determining whether to order the parties to participate in the premarital counseling, the court shall consider, among other factors, the ability of the parties to pay for the counseling. The court may impose a reasonable fee to cover the cost of any premarital counseling provided by the county or the court. The fees shall be used exclusively to cover the cost of the counseling
      services authorized by this section.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 305 Validity of Marriage

      Consent to and solemnization of marriage may be proved under the same general rules of evidence as facts are proved in other cases.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 306 Validity of Marriage

      Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the authenticated marriage license shall be returned to the county recorder of the county where the marriage license was issued, as provided in this part. Noncompliance with this part by a nonparty to the marriage does not invalidate the marriage.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 306.5 Validity of Marriage

      (a) Parties to a marriage shall not be required to have the same name. Neither party shall be required to change his or her name. A person's name shall not change upon marriage unless that person elects to change his or her name pursuant to subdivision (b).

      (b) (1) One party or both parties to a marriage may elect to change the middle or last names, or both, by which that party wishes to be known after solemnization of the marriage by entering the new name in the spaces provided on the marriage license application without intent to defraud.

      (2) A person may adopt any of the following last names pursuant to paragraph (1):
      (A) The current last name of the other spouse.
      (B) The last name of either spouse given at birth.
      (C) A name combining into a single last name all or a segment of the current last name or the last name of either spouse given at birth.
      (D) A hyphenated combination of last names.

      (3) A person may adopt any of the following middle names pursuant to paragraph (1):
      (A) The current last name of either spouse.
      (B) The last name of either spouse given at birth.
      (C) A hyphenated combination of the current middle name and the current last name of the person or spouse.
      (D) A hyphenated combination of the current middle name and the last name given at birth of the person or spouse.

      (4) (A) An election by a person to change his or her name pursuant to paragraph (1) shall serve as a record of the name change. A certified copy of a marriage certificate containing the new name, or retaining the former name, shall constitute proof that the use of the new name or retention of the former name is lawful.

      (B) A certified copy of a marriage certificate shall be accepted as identification establishing a true, full name for purposes of Section 12800.7 of the Vehicle Code.
      (C) Nothing in this section shall be construed to prohibit the Department of Motor Vehicles from accepting as identification other documents establishing a true, full name for purposes of Section 12800.7 of the Vehicle Code. Those documents may include, without limitation, a certified copy of a marriage certificate recording a marriage outside of this state.
      (D) This section shall be applied in a manner consistent with the requirements of Sections 1653.5 and 12801 of the Vehicle Code.

      (5) The adoption of a new name, or the choice not to adopt a new name, by means of a marriage license application pursuant to paragraph (1) shall only be made at the time the marriage license is
      issued. After a marriage certificate is registered by the local registrar, the certificate may not be amended to add a new name or change the name adopted pursuant to paragraph (1). An amendment may
      be issued to correct a clerical error in the new name fields on the marriage license. In this instance, the amendment must be signed by one of the parties to the marriage and the county clerk or his or her
      deputy, and the reason for the amendment must be stated as correcting a clerical error. A clerical error as used in this part is an error made by the county clerk, his or her deputy, or a notary authorized to issue confidential marriage licenses, whereby the information shown in the new name field does not match the information shown on the marriage license application. This requirement shall not abrogate the right of either party to adopt a different name through usage at a future date, or to petition the
      superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure.

      (c) Nothing in this section shall be construed to abrogate the common law right of any person to change his or her name, or the right of any person to petition the superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure.

      (d) This section shall become operative on January 1, 2009.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 307 Validity of Marriage

      This division, so far as it relates to the solemnizing of marriage, is not applicable to members of a particular religious society or denomination not having clergy for the purpose of solemnizing marriage or entering the marriage relation, if all of the following requirements are met:

      (a) The parties to the marriage sign and endorse on the form prescribed by the State Department of Public Health, showing all of the following:

      (1) The fact, time, and place of entering into the marriage.
      (2) The printed names, signatures, and mailing addresses of two witnesses to the ceremony.
      (3) The religious society or denomination of the parties to the marriage, and that the marriage was entered into in accordance with the rules and customs of that religious society or denomination. The statement of the parties to the marriage that the marriage was entered into in accordance with the rules and customs of the religious society or denomination is conclusively presumed to be true.

      (b) The License and Certificate of Non-Clergy Marriage, endorsed pursuant to subdivision (a), is returned to the county recorder of the county in which the license was issued within 10 days after the ceremony.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 308 Validity of Marriage

      (a) A marriage contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state.

      (b) Notwithstanding any other provision of law, a marriage between two persons of the same sex contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was
      contracted is valid in this state if the marriage was contracted prior to November 5, 2008.

      (c) Notwithstanding any other provision of law, two persons of the same sex who contracted a marriage on or after November 5, 2008, that would be valid by the laws of the jurisdiction in which the marriage was contracted shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from the California Constitution, the United States Constitution, statutes, administrative regulations, court rules, government policies, common
      law, or any other provisions or sources of law, as are granted to and imposed upon spouses with the sole exception of the designation of "marriage."

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 308.5 Validity of Marriage

      Only marriage between a man and a woman is valid or recognized in California.  (note) May have changed now.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 309 Validity of Marriage

      If either party to a marriage denies the marriage, or refuses to join in a declaration of the marriage, the other party may proceed, by action pursuant to Section 103450 of the Health and Safety Code, to have the validity of the marriage determined and declared.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 310 Validity of Marriage

      Marriage is dissolved only by one of the following:

      (a) The death of one of the parties.
      (b) A judgment of dissolution of marriage.
      (c) A judgment of nullity of marriage.

      California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage

    • 400.1 Persons Authorized to Solemnize Marriage

      In addition to the persons specified in Section 400, marriage may also be solemnized by a county supervisor or a mayor of a city elected in accordance with Article 3 (commencing with Section 34900) of Chapter 4 of Part 1 of Division 2 of Title 4 of the Government Code, while that person holds office. The county supervisor or mayor shall obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor or mayor first solemnizes a marriage.

      California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 1: Persons Authorized to Solemnize Marriage

    • 401 Persons Authorized to Solemnize Marriage

      (a) For each county, the county clerk is designated as a commissioner of civil marriages.
      (b) The commissioner of civil marriages may appoint deputy commissioners of civil marriages who may solemnize marriages under the direction of the commissioner of civil marriages and shall perform other duties directed by the commissioner.

      California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 1: Persons Authorized to Solemnize Marriage

    • 402 Persons Authorized to Solemnize Marriage

      In addition to the persons permitted to solemnize marriages under Section 400, a county may license officials of a nonprofit religious institution, whose articles of incorporation are registered with the Secretary of State, to solemnize the marriages of persons who are affiliated with or are members of the religious institution.
      The licensee shall possess the degree of doctor of philosophy and must perform religious services or rites for the institution on a regular basis. The marriages shall be performed without fee to the parties.

      California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 1: Persons Authorized to Solemnize Marriage

    • 420 Solemnization of Marriage

      (a) No particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties shall declare, in the physical presence of the person solemnizing the marriage and necessary witnesses, that they take each other as husband and wife.

      (b) Notwithstanding subdivision (a), a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage may enter into that marriage by the appearance of an attorney in fact, commissioned and empowered in
      writing for that purpose through a power of attorney. The attorney in fact must personally appear at the county clerk's office with the party who is not stationed overseas, and present the original power of attorney duly signed by the party stationed overseas and acknowledged by a notary or witnessed by two officers of the United States Armed Forces. Copies in any form, including by facsimile, are not acceptable. The power of attorney shall state the full given names at birth, or by court order, of the parties to be married, and that the power of attorney is solely for the purpose of authorizing the attorney in fact to obtain a marriage license on the person's behalf and participate in the solemnization of the marriage. The original power of attorney shall be a part of the marriage certificate upon registration.

      (c) No contract of marriage, if otherwise duly made, shall be invalidated for want of conformity to the requirements of any religious sect.

      California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage

    • 421 Solemnization of Marriage

      Before solemnizing a marriage, the person solemnizing the marriage shall require the presentation of the marriage license. If the person solemnizing the marriage has reason to doubt the correctness of the statement of facts in the marriage license, the person must be satisfied as to the correctness of the statement of facts before solemnizing the marriage. For this purpose, the person may administer oaths and examine the parties and witnesses in the same manner as the county clerk does before issuing the license.

      California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage

    • 422 Solemnization of Marriage

      The person solemnizing a marriage shall, sign and print or type upon the marriage license a statement, in the form prescribed by the State Department of Public Health, showing all of the following:

      (a) The fact, date (month, day, year), and place (city and county) of solemnization.

      (b) The printed names, signatures, and mailing addresses of at least one, and no more than two, witnesses to the ceremony.

      (c) The official position of the person solemnizing the marriage, or of the denomination of which that person is a priest, minister, rabbi, or other authorized person of any religious denomination.

      (d) The person solemnizing the marriage shall also type or print his or her name and mailing address.

      California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage

    • 423 Solemnization of Marriage

      The person solemnizing the marriage shall return the marriage license, endorsed as required in Section 422, to the county recorder of the county in which the license was issued within 10 days after the ceremony.

      California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage

    • 425 Solemnization of Marriage

      If no record of the solemnization of a California marriage previously contracted under this division for that marriage is known to exist, the parties may purchase a License and Certificate of Declaration of Marriage from the county clerk in the parties' county of residence one year or more from the date of the marriage. The license and certificate shall be returned to the county recorder of the county in which the license was issued.

      California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage

    • 426 Solemnization of Marriage

      If for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person before the county clerk, a marriage license may be issued by the county clerk to the person solemnizing the marriage if the following requirements are met:

      (a) The person solemnizing the marriage physically presents an affidavit to the county clerk explaining the reason for the inability to appear.

      (b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by both parties.

      (c) The signature of any party to be married who is unable to appear in person before the county clerk is authenticated by a notary public or a court prior to the county clerk issuing the marriage license.

      (d) Sufficient reason includes proof of hospitalization, incarceration, or any other reason proved to the satisfaction of the county clerk.

      California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage

    • 350 Marriage License

      (a) Before entering a marriage, or declaring a marriage pursuant to Section 425, the parties shall first obtain a marriage license from a county clerk.

      (b) If a marriage is to be entered into pursuant to subdivision

      (b) of Section 420, the attorney-in-fact shall appear before the county clerk on behalf of the party who is overseas, as prescribed in subdivision (a).

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License

    • 351 Marriage License

      The marriage license shall show all of the following:

      (a) The identity of the parties to the marriage.

      (b) The parties' full given names at birth or by court order, and mailing addresses.

      (c) The parties' dates of birth.

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License

    • 351.5 Marriage License

      Notwithstanding subdivision (b) of Section 351 or 359 of this code, or Section 103175 of the Health and Safety Code, if either of the applicants for, or any witness to, a certificate of registry of marriage and a marriage license requests, the certificate of registry and the marriage license shall show the business address or United States Postal Service post office box for that applicant or witness instead of the residential address of that person.

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License

    • 351.6 Marriage License

      Notwithstanding Section 307, 351, 351.5, 359, or 422 of this code, or Section 103175 or 103180 of the Health and Safety Code, a mailing address used by an applicant, witness, or person solemnizing or performing the marriage ceremony shall be a residential address, a business address, or a United States Postal Service post office box.

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License

    • 352 Marriage License

      No marriage license shall be granted if either of the applicants lacks the capacity to enter into a valid marriage or is, at the time of making the application for the license, under the influence of an intoxicating liquor or narcotic drug.

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License

    • 354 Marriage License

      (a) Each applicant for a marriage license shall be required to present authentic photo identification acceptable to the county clerk as to name and date of birth. A credible witness affidavit or affidavits may be used in lieu of authentic photo identification.

      (b) For the purpose of ascertaining the facts mentioned or required in this part, if the clerk deems it necessary, the clerk may examine the applicants for a marriage license on oath at the time of the application. The clerk shall reduce the examination to writing and the applicants shall sign it.

      (c) If necessary, the clerk may request additional documentary proof as to the accuracy of the facts stated.

      (d) Applicants for a marriage license shall not be required to state, for any purpose, their race or color.

      (e) If a marriage is to be entered into pursuant to subdivision

      (b) of Section 420, the attorney in fact shall comply with the requirements of this section on behalf of the applicant who is overseas, if necessary.

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License

    • 355 Marriage License

      (a) The forms for the marriage license shall be prescribed by the State Department of Public Health, and shall be adapted to set forth the facts required in this part.

      (b) The marriage license shall include an affidavit, which the applicants shall sign, affirming that they have received the brochure provided for in Section 358. If the marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney in fact shall sign the affidavit on behalf of the applicant who is overseas.

      (c) The forms for the marriage license shall contain spaces for either party or both parties to indicate a change in name pursuant to Section 306.5.

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License

    • 356 Marriage License

      A marriage license issued pursuant to this part expires 90 days after its issuance. The calendar date of expiration shall be clearly noted on the face of the license.

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License

    • 358 Marriage License

      (a) The State Department of Public Health shall prepare and publish a brochure that shall contain the following:

      (1) Information concerning the possibilities of genetic defects and diseases and a listing of centers available for the testing and treatment of genetic defects and diseases.

      (2) Information concerning acquired immunodeficiency syndrome (AIDS) and the availability of testing for antibodies to the probable causative agent of AIDS.

      (3) Information concerning domestic violence, including resources available to victims and a statement that physical, emotional, psychological, and sexual abuse, and assault and battery, are against the law.

      (4) Information concerning options for changing a name upon solemnization of marriage pursuant to Section 306.5, or upon registration of a domestic partnership pursuant to Section 298.6. That information shall include a notice that the recording of a change in name or the absence of a change in name on a marriage
      license application and certificate pursuant to Section 306.5 may not be amended once the marriage license is issued, but that options to adopt a change in name in the future through usage, common law, or petitioning the superior court are preserved, as set forth in Section 306.5.

      (b) The State Department of Public Health shall make the brochures available to county clerks who shall distribute a copy of the brochure to each applicant for a marriage license, including applicants for a confidential marriage license and notaries public receiving a confidential marriage license pursuant to Section 503. The department shall also make the brochure available to the Secretary of State, who shall distribute a copy of the brochure to persons who qualify as domestic partners pursuant to Section 297 and shall make the brochure available electronically on the Internet Web site of the Secretary of State.

      (c) The department shall prepare a lesbian, gay, bisexual, and transgender specific domestic abuse brochure and make the brochure available to the Secretary of State who shall print and make available the brochure, as funding allows, pursuant to Section 298.5.

      (d) Each notary public issuing a confidential marriage license under Section 503 shall distribute a copy of the brochure to the applicants for a confidential marriage license.

      (e) To the extent possible, the State Department of Public Health shall seek to combine in a single brochure all statutorily required information for marriage license applicants.

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License

    • 359 Marriage License

      (a) Except as provided in Sections 420 and 426, applicants to be married shall first appear together in person before the county clerk to obtain a marriage license.

      (b) The contents of the marriage license are provided in Part 1 (commencing with Section 102100) of Division 102 of the Health and Safety Code.

      (c) The issued marriage license shall be presented to the person solemnizing the marriage by the parties to be married.

      (d) The person solemnizing the marriage shall complete the solemnization sections on the marriage license, and shall cause to be entered on the marriage license the printed name, signature, and mailing address of at least one, and no more than two, witnesses to the marriage ceremony.

      (e) The marriage license shall be returned by the person solemnizing the marriage to the county recorder of the county in which the license was issued within 10 days after the ceremony.

      (f) As used in this division, "returned" means presented to the appropriate person in person, or postmarked, before the expiration of the specified time period.

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License

    • 360 Marriage License

      (a) If a marriage license is lost, damaged, or destroyed after the marriage ceremony, but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder, the person solemnizing the marriage, in order to comply with Section 359, shall obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued.

      (b) The duplicate marriage license may not be issued later than one year after issuance of the original license and shall be returned
      by the person solemnizing the marriage to the county recorder within one year of the issuance date shown on the original marriage
      license.

      (c) The county clerk may charge a fee to cover the actual costs of issuing a duplicate marriage license.

      (d) If a marriage license is lost, damaged, or destroyed before a marriage ceremony takes place, the applicants shall purchase a new marriage license and the old license shall be voided.

      California Law - Family Code - Division 3: Marriage - Part 2: Marriage License


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