Wednesday, February 20, 2008

Marriage Requirements in California


In my blog, I hope to share information that can assist in the planning of weddings and other ceremonies. To start I thought I'd come up with a list of required elements for a wedding. All other items are optional. As the big day approaches, your stress level may rise. My hope is that this list may help demonstrate that your wedding doesn't HAVE to be complicated to be legal.

Pictured above are Luke and Jessikah, a lovely, vibrant couple I married last year. Their approach was simply to have fun with the process. They didn't want a "perfect" wedding, but instead a celebration of their love that was a fun and happy time for everyone involved. And that is exactly what they created. Congratulations Jessikah and Luke!

REQUIREMENTS FOR A LEGAL MARRIAGE/WEDDING IN SAN DIEGO

1) One bride - hopefully happy with her decision and excited about taking this new step.

2) One groom - hopefully happy with his decision and excited about taking this new step.

3) Both the bride and the groom need valid picture ID and must bring it with them when applying for a marriage license.

4) Someone to officiate the ceremony - this individual can be any of the following, according to the California Family Code, Section 400.

a) A priest, minister, or rabbi of any religious denomination.
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.
- A justice or retired justice of the United States Supreme Court.
- 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.
- A judge or retired judge of a bankruptcy court or a tax court.
- A United States magistrate or retired magistrate.
- 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.

5) Both the bride and groom must be unmarried at the time they apply for their license.

6) The bride, groom, marriage officiant and witness if applicable must be physically present together in the same location for the marriage to be performed. Marriage by proxy is NOT allowed in California as per the Family Code, Section 420(a). Both parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license in California. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date, such as a state issued identification card, drivers license, passport, military identification, etc. Some counties may also require a copy of your birth certificate.

7) If you have been married before, you must provide information regarding how it ended. You will need to know the exact date it ended, and how it ended (Death, Dissolution, Divorce or Nullity). Some counties may require a copy of the final judgment if your previous marriage ended by dissolution or nullity.

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