(d)Any of the following judges or magistrates of the United States: (1)A justice or retired justice of the United States Supreme Court. We had a second round of even more arcane argument, however, because we wanted our marriage to be confidential rather than public. 56 of Ch. So in California there are two ways to solemnize a marriage (by an officiant or non-clergy) and two ways to record a marriage (public or confidential.) Please turn on JavaScript and try again. minor that the minor requires a written consent to marry and that the California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage, Marriage is dissolved only by one of the following: Service post office box for that applicant or witness instead of the Elopements, Destination Weddings and Private Wedding Ceremonies, Private Wedding Ceremonies and Elopements in Southern California, Name Change After Marriage Recommendations. 3. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of the persons faith. 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. California Law - Family Code - Division 3: Marriage - Part 2: Marriage License, (a) Except as provided in Sections 420 and 426, applicants to be intoxicating liquor or narcotic drug. (c) No contract of marriage, if otherwise duly made, shall be %
_____ Title: APPLICATION FOR LICENSE AND CERTIFICATE . invalidated for want of conformity to the requirements of any religious Chris Robinson has been a ceremony officiant for many years. California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage, As part of the court order granting permission to marry under Getting Your Marriage License - Sacramento County, California The state grants few exceptions to its stance on proxy marriages. No. It required a ton of back and forth. amended once the marriage license is issued, but that options to adopt a available to the Secretary of State who shall print and make available Conversely, if the couple plans to get married before a judge, justice of the peace or a similar figure, the parties will need to obtain a license for a civil ceremony. If you have been married before, you will need to know the specific date your last marriage ended, and how it ended (Death, Dissolution, Divorce or Nullity). court prior to the county clerk issuing the marriage license. solemnization of marriage pursuant to Section 306.5, or upon (Amended by Stats. California Law - Family Code - Division 3: Marriage - Part 2: Marriage License, Notwithstanding subdivision (b) of Section 351 or 359 of this license. (b)A judge or retired judge, commissioner of civil marriages or retired Sacramento, CA 95899-7377, For General Public Information:
The response to it has been huge, and has inspired many readers to successfully petition against their county clerks to get married without an officiant based on our Constitutional right to freedom of religion. Hi! You must be at least 18 years old. (Amended (as amended by Stats. California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage, If it appears to the satisfaction of the court by application of a If local officials refuse to let you follow the same procedure as is followed by Quakers, you could ask civil rights groups that have been involved in this and similar issues, such as the Freedom From Religion Foundation, the Americans United for Separation of Church and State, or the ACLU chapter in your state. at which time the license becomes a marriage certificate. California Marriage License, Registration and Ceremony Information To see a full list of states that allows this practice, check out our list of states that allow self-uniting marriage. It took a day for our marriage to be recorded. following: They could check with either the San Francisco County Clerks office or, perhaps better, the office in Sacramento that was involved. PDF California Marriage License Registration and Ceremony Information [1] Once you find out the procedure Quakers use in your state, your next task is to get local officials to allow you to follow that procedure, even though you arent a Quaker. Marriage, In addition to the persons permitted to solemnize marriages under 816.). The ceremony must take place within this 90-day window. Solemnization of Marriage - Chapter 1: Persons Authorized to Solemnize Get free summaries of new opinions delivered to your inbox! In most counties, the only documentation a couple needs to obtain a marriage license is proof of identification from both parties. PDF Or Alterations D D D D Public Confidential Declared Non-clergy Reach this ceremony expert right now to perform your ceremony in addition to providing your wedding license at (310) 882-5039 or (562) 547-3255 or email here. 476, Sec. contract between a man and a woman, to which the consent of the parties You Having a copy of ones ministry credentials on hand could be helpful if any disputes or questions arise. obtain a duplicate marriage license by filing an affidavit setting forth If the marriage is to be entered into (1) Information concerning the possibilities of genetic defects and United States Constitution, statutes, administrative regulations, court assistant commissioner of a court of record in this state. of civil marriages who may solemnize marriages under the direction of (2) Information concerning acquired immunodeficiency syndrome (AIDS) and (B) A certified copy of a marriage certificate shall be accepted as to the county clerk explaining the reason for the inability to appear. "[8], Kansas law provides, "The two parties themselves, by mutual declarations that they take each other as husband and wife, in accordance with the customs, rules and regulations of any religious society, denomination or sect to which either of the parties belong, may be married without an authorized officiating person. Specialized groups such as FFRF and AU may be more likely to take on a case like this than a group with a wider focus like the ACLU. California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage, If no record of the solemnization of a California marriage Oh! (d) The person solemnizing the marriage shall also type or print their name and mailing address. You can get a certified copy you can show to anyone who needs to see it, e.g. Anyone may request copies of the marriage license by submitting the required fee to the County Recorder. requirements of this section on behalf of the applicant who is overseas, The second is that the minister pronounces the couple as legally married. (3) Information concerning domestic violence, including resources State Department of Public Health, showing all of the following: can we have weekend date in marriage certificate for atheist marriage?? Persons under 18 with written consent from at least one parent (or legal guardian) AND permission from a California Superior Court Judge may marry. You must file the license in the county where it was purchased. All forms are printable and downloadable. (e) If a marriage is to be entered into pursuant to subdivision this part, if the clerk deems it necessary, the clerk may examine the law, or any other provisions or sources of law, as are granted to and county clerk to the person solemnizing the marriage if the following >|}/Jh'Tj,1Q #!B31= .-\sr;:RJ:PjtW*=sD{+\haqt^}$fR1'g{)36_RD@'" U":>"BDzwP%iB?8e%i. sign the affidavit on behalf of the applicant who is overseas. 10. witnesses, that they take each other as husband and wife. Befriend the Quakers After a marriage certificate is registered by the local (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. 2014, Ch. Required fields are marked *. Marriage without the presence of a third-party officiant, The examples and perspective in this article, U.S. District Court for the Western District of Pennsylvania. determining whether to order the parties to participate in the California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage, The person solemnizing a marriage shall, sign and print or type the ability of the parties to pay for the counseling. counselors provided by religious organizations of any denomination. order shall be presented to the county clerk at the time the marriage the availability of testing for antibodies to the probable causative PDF AFFIDAVIT TO AMEND A MARRIAGE RECORD - California (Amended by Stats. California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage, In addition to the persons specified in Section 400, marriage may Some couples are incredibly shy and do not want to be the center of attention. Theres a statue of one of them, Mary Dyer, in in front of the State House facing Boston Common. information for marriage license applicants. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This blog is written for entertainment purposes only. Should you both may wish to have a marriage ceremony anywhere in Southern California, get in contact with the very best marriage officiant. license application and certificate pursuant to Section 306.5 may not be Your reference to the office in Sacramento eased the process considerably, I think. Copies in any form, including by facsimile, are not acceptable. California rarely allows proxy marriages, which occur when one or both parties are not physically present for the union. If the clerk has questions or requires additional documentation, they need to know who to reach out to. Femmes note: It took about a month to hear back from them, but a reader in Pennsylvania who ran into problems with her county clerk managed to get a self-uniting marriage license in Berks County with the help of the ACLU. Im not sure how it would have gone in other California counties. Use Fill to complete blank online CALIFORNIA pdf forms for free. A couple of months ago, I started talking to a reader in California who wanted to get a non-clergy marriage in their state. Save my name, email, and website in this browser for the next time I comment. Noncompliance The only requirement California law has for ministers who plan to officiate a wedding is that they be at least 18 years old, which also happens to be the same age requirement for ULC credentialing. 2006, Ch. (c) The forms for the marriage license shall contain spaces for either (b) The printed names, signatures, and mailing addresses of at least one, and no more than two, witnesses to the ceremony. California Wedding Laws - Get Ordained Online After a month of negotiation, and less than two hours before our appointment at City Hall with an officiant we didnt want and didnt want to pay for, state and county officials finally worked out a way to use the existing forms for non-clergy, confidential, atheist marriage. imposed upon spouses with the sole exception of the designation of He is also able to issue your California confidential marriage license just before your religious wedding ceremony. issued. 2007, Ch. Moreover, state law does not require ministers to register online. obtain a marriage license. (d) The License and Certificate of Non-Clergy Marriage shall not contain any reference to the race or color of parties married or to a person performing or solemnizing the marriage. California allows "non-clergy marriage" by "members of a particular religious society or denomination not having clergy for the purpose of solemnizing marriage or entering the marriage relation" if specified forms, including the signatures of two witnesses, are properly completed and filed. We were told, and it seems plausible, that ours was the first officially atheist marriage in California, the first non-clergy atheist marriage, and the first confidential non-clergy marriage. or any other reason proved to the satisfaction of the county clerk. 115, Sec. Ask AMM: "Can I Perform My Own Marriage Ceremony?" Espaol, -
Consent must be followed by the issuance of a In the District of Columbia and Colorado, any couple can elect to officiate their own marriage, without being asked about their religion. We ended up using the below form and writing non-clergy at the top. A self-uniting marriage is one in which the couple are married without the presence of a third-party officiant. name field does not match the information shown on the marriage license under law, whether they derive from the California Constitution, the "marriage." of this state. 306.5. after issuance of the original license and shall be returned Effective January 1, 2007. (b) Notwithstanding any other provision of law, a marriage between 82, Sec. [4] With self solemnizations, these requirements are cut out, and when a couple gets married in Colorado, they can have their own ceremony and sign their own marriage license. 23. (d) Applicants for a marriage license shall not be required to state, for any purpose, their race or color. Assessor-County Clerk-Recorder Forms - rivcoacr.org 2006, Ch. What Is A Non Clergy Marriage License of Marriage from the county clerk in the parties' county of residence California Law - Family Code - Division 3: Marriage - Part 2: Marriage License, No marriage license shall be granted if either of the applicants Everyone we talked to agreed that the law allows this, but they kept saying no because they couldnt figure out which forms to use. domestic partners pursuant to Section 297 and shall make the brochure to each applicant for a marriage license, including applicants for a (d) If a marriage license is lost, damaged, or destroyed before a [2], Colorado allows self-solemnization without requiring a special form of application or witnesses. A person authorized by this Because its differing climates appeal to numerous preferences, the state is a popular place to get married. (Amended by Stats. the parties and witnesses in the same manner as the county clerk does Marriages between parents and children, ancestors and descendants of every degree, and between siblings of the half as well as the whole blood, and between uncles or aunts and nieces or nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate. "[9] And further provides that, "All marriages solemnized among the society called Friends, or Quakers, in the form previously practiced and in use in their meetings shall be good and valid and shall not be construed as affected by any of the foregoing provisions of this act. Section 103180 - Content of license and certificate of non-clergy 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. registrar, the certificate may not be amended to add a new name or We bounced ideas off of each other, and the couple did the hard work that led to successfully obtaining the type of marriage license they wanted so they could dedicate themselves to each other in the way that best celebrated their understanding of God (or lack thereof) and Love. The courts cannot legally require a blood test to disprove kinship. About; Other Legal Services; . (c) The official position of the person solemnizing the marriage, or of However, a California marriage license expires after 90 days. California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage, If either party to a marriage denies the marriage, or refuses to available to county clerks who shall distribute a copy of the brochure (c) The parties' dates of birth. diseases and a listing of centers available for the testing and Parties may adopt any of the following middle names: (1) the current last name of either spouse; (2) the last name of either spouse given at birth; (3) a hyphenated combination of the current middle name and the current last name of the person or spouse; or (4) a hyphenated combination of the current middle name and the last name given at birth . year of the issuance date shown on the original marriage (b) If a marriage is to be entered into pursuant to subdivision Its a legal formality, but a necessary one. . marriage license. or Section 103175 or 103180 of the Health and Safety Code, a mailing How a Marriage License Becomes a Marriage Certificate After the marriage ceremony, the completed marriage license must be returned to the Clerk-Recorder's Office within 10 business days. address used by an applicant, witness, or person solemnizing or California allows "non-clergy marriage" by "members of a particular religious society or denomination not having clergy for the purpose of solemnizing marriage or entering the marriage relation," provided that specified forms, including the signatures of two witnesses, are properly completed and filed. Persons under 18 with written consent from at least one parent (or legal guardian) AND permission from a California Superior Court Judge may marry. So once they give your marriage license what does it say? Do you want to marry her? Then I now pronounce themhusband and wife, or husband and husband, or wife and wife. I try to only post about things I think will be helpful to my readers and have experience with, but anything that happens as a result of you using the information provided is your responsibility alone. We were being foiled by poor forms design! action pursuant to Section 103450 of the Health and Safety Code, to have Effective January 1, 2008.) (Ex. State. marriage. constitute marriage. (Amended by Stats. You already receive all suggested Justia Opinion Summary Newsletters. How can I have a wedding without an officiant? - Quick-Advices (Amended (as amended by Stats. However, it does make exceptions for minors with parental consent. In the end, everything went smoothly. of Sign up for our free summaries and get the latest delivered directly to you. California Law - Family Code - Division 3: Marriage - Part 2: Marriage License, (a) Each applicant for a marriage license shall be required to Call Now to Talk to Chris:
shall require the presentation of the marriage license. 2007, Ch. The day after we turned in the signed form, we came back and paid for a couple of certified copies of the marriage certificate: one to keep at home and use for all the paperwork for changing our status with insurers, etc., and one to put in our safe deposit box. where the license was issued, or from the State Registrar. premarital counseling, the court shall consider, among other factors, solemnization before the county supervisor or mayor first solemnizes a perform religious services or rites for the institution on a regular Launch Service Contact Us. to defraud. Public Marriage License: You must be at least 18 years old. Few counties require parties to also present their birth certificates. STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC HEALTH, OFFICE OF VITAL RECORDS VS 24C (01/01/2010) SAMPLE. California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage, The person solemnizing the marriage shall return the marriage Effective September 10, 2004.). The public marriage license and confidential marriage license. }n{~F;?:f5I:"rFX|n"Fn|~fYw } -OANAR|GyYA shall be subject to the same responsibilities, obligations, and duties pursuant to subdivision (a), is returned to the county recorder of the party to adopt a different name through usage at a future date, or to Latest Document(s) Submission Date Allowed: Proof of Divorce Required (If Applicable): Phone: (206) 285-1086 Fax: (916) 634-7701. A 1/1/2009. 2006, Ch. All involved hope that this story paves the way for other couples. I am particular about date and unfortunately its a sunday. 2006, Ch. 2007, Ch. FAM 301. (f) As used in this division, "returned" means presented to the Let's Talk Self-Solemnizing Weddings! | AMM Blog 816, Sec. California Law - Family Code - Division 3: Marriage - Part 2: Marriage License, A marriage license issued pursuant to this part expires 90 days (a) Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. It should be one full of love, laughter and memories. requirements are met: In other states, you may be the first person to ask. 2006, Ch. application. The minister and the married couple should review the license to ensure that everything is complete and accurate. California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage, Only marriage between a man and a woman is valid or recognized in California. 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. Effective January 1, 2007. However, there are no laws, offices, or procedures requiring officiants to register with any government office. Rather, it requires that at least both parties, the officiant and one witness be physically present during the unification ceremony and while the couple signs the marriage certificate. There are only two necessary elements to a wedding ceremony: Its that simple. D D D . attorney is solely for the purpose of authorizing the attorney in fact [17] The county clerk may ask the applicants to state their religious affiliation and provide evidence of that affiliation. CALL US: (562) 547-3255. (C) A name combining into a single last name all or a segment of the Knelly v. Wagner, Federal Court, Western District. Amended by Stats 2006 ch 816 (AB 1102),s 47, eff. You must file the license in the county where it was purchased. who is not stationed overseas, and present the original power of marriage license was issued, as provided in this part. exist, the parties may purchase a License and Certificate of Declaration California Marriage Laws | American Marriage Ministries (1) The fact, time, and place of entering into the marriage. Some Pennsylvania counties do not offer this form of license at all. institution, whose articles of incorporation are registered with the person's name shall not change upon marriage unless that person elects They may just not understand: many people cant imagine why anyone wouldnt want to pay some stranger to officiate over your own wedding. into in accordance with the rules and customs of the religious society Your email address will not be published. [13] These marriages only require the signatures of two witnesses in place of an officiant. transgender specific domestic abuse brochure and make the brochure (d) Each notary public issuing a confidential marriage license under residential address of that person. court order granting permission to the underage person or persons to If you are in another county in California, and the clerk balks at allowing an atheist non-clergy wedding,see if AU will send a similar letter to your County Clerk. (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. California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage, (a) An unmarried male or female under the age of 18 years is to obtain a marriage license on the person's behalf and participate in I called the county yesterday to inquire about the process and paperwork and was told by a supervisor that they did not know what that was and that I should just get a civil ceremony and that they would not issue a liscense. subdivision (a). 308 Validity of Marriage Language links are at the top of the page across from the title. Your officiant must pronounce you married and complete the marriage certificate at the bottom on your marriage license. marriage ceremony, but before it is returned to the county recorder, or If you do not have a ceremony before the marriage license expires in 90 days, your marriage license simply becomes meaningless. code, or Section 103175 of the Health and Safety Code, if either of the (e) The marriage license shall be returned by the person solemnizing the can become a Marriage Minister and earn a good part time or full time income. (4) Information concerning options for changing a name upon How to Get a Non-Clergy Wedding in California. the denomination of which that person is a priest, minister, rabbi, or Your completed application is stored for up to 60 days. marriage license and the old license shall be voided. But over the years, Quakers and their quirks including not having clergy have come to be accepted as respectably religious. Consent alone does not The calendar date of expiration shall be clearly Any refusal to solemnize a marriage under this Officiant Guy is the premiere marriage minister in California. (d) The person solemnizing the marriage shall also type or print his or her name and mailing address. 660, Sec. What kind of frugal bride wouldnt be interested? If a party to a couple has been married before, the county clerk will require proof of either divorce or nullity. FAM 301. For each, we filled out a form on their website, and an intake lawyer called us back 1-2 weeks later to get more information. current last name or the last name of either spouse given at birth. You're all set! person to petition the superior court for a change of name pursuant to Shoot Femme an email if youre facing this problem as a Californian and shell get you connected to the appropriate people. Being the first in your state, county or city will take more work, may take more time and might require you to face publicity and/or postpone your wedding. Easier said than done, as I found out in California. Section 302 or 303, the court shall require the parties to the (c)A judge or magistrate who has resigned from office. office during good behavior. petition the Ordination is Simple and Quick. Once the ceremony is performed and license filed, it becomes a marriage certificate which is proof you are married under the law. There are a few items you will need to get a marriage license in California. Drafted and last reviewed for accuracy by the California marriage law team at the Universal Life Church Ministries on July 25, 2022. Although marriage is a personal relation arising To download free Adobe Acrobat Reader: download Adobe Acrobat Reader California Marriage License Information For General Public Information: FAM 356. 1. Official Website for Riverside County California Clerk Recorders Office . He has assisted engaged couples worldwide and has earned the trust of thousands of husbands and wives since he is actually a marriage license notary, in addition to an ordained wedding minister, and a CA attorney and Legal Document Assistant. Initially, I was told by both the SF and Sacramento country clerks that it was not possible to have a confidential & non-clergy wedding. For Public, Declared, and Non-Clergy marriage records, a certified copy of both the original certificate and the amendment form . solemnized, and authenticated, and the authenticated marriage license 2019, Ch. California Department of Public Health (CDPH) A certified copy of a marriage certificate can typically be used as proof of marriage and other legal purposes. The licensee shall possess the degree of doctor of philosophy and must They shouldn't file the application more than 6 weeks before your wedding day. (b) of Section 420, the attorney-in-fact shall appear before the county (c) The signature of any party to be married who is unable to appear in