We started our journey on the East Coast, a few weeks ago, exploring marriage laws. We’ve learned quite a few interesting things along the way and we only have four states left after our visit to the Golden State of California today. I saved California for close to the end because there were so many changes going on there. We’ll touch upon some of these changes and shifts in the law and more.
So let’s get started at looking at the marriage laws in:
California
Each county may have its own requirements, so be sure to check ahead of time. For example, at one point only Marin County offered domestic partnerships. So what else do you need to know? First and foremost – you should call ahead to the County or City Clerk’s office to see if they recommend setting up an appointment. In some areas, if you do not book an appointment to apply for your marriage license, you may be facing a 2-hour wait. And that’s just an conservative estimate.
There is no residency requirement in California when it comes to applying for a marriage license. You do need a valid form of photo ID (a driver’s license or a passport or military identification card). You may also need to bring your Birth Certificate or a certified copy of it. You will need to know the names of your parents, your mothers’ maiden names and where they were born.
Like Michigan, California offers a Confidential Marriage option. You have to have lived together as a man and wife prior to submitting your application for a confidential marriage license. There will be no public record of the marriage if you choose to go this route.
If either of you were married before, you need to bring a copy of the final divorce decree. (Some counties only require this if the divorce took place in the 90 days prior to applying for a new marriage license). California has no waiting period or blood test requirements. Most counties only accept cash, so be sure to bring the cash you need to pay for your license. The average fee is $45.
California does allow for proxy marriages, however, only for men and women serving in the armed forces if they are stationed far away. They may give their power of attorney to someone else that can then stand in for them during their wedding. We’ll have to discuss this further in another article.
Cousin marriages are allowed, but common law marriages are not. Same sex marriages are not legal in California currently, although there has been a great deal of debate on that issue both in the media and in the state legislature. They have passed same-sex marriage legislation that was then vetoed by California governor Arnold Schwarzenegger. He maintains that until the issue is put before the voters at large, he will never sign legislation on the issue.
In 2000, Proposition 22 the Protection of Marriage ballot initiative passed overwhelmingly declaring that
Only marriage between a man and a woman is valid or recognized in California
According to the state constitution, the legislature cannot overturn any ballot initiative measures passed by the voting public.
Domestic Partnerships
Domestic partnerships are available for same sex and some opposite sex couples. It’s important to note that California was the first state to enact domestic partnership laws and they date back to 1999. These were created by the legislature and not inspired by judicial intervention. Initially, a domestic partnership just provided hospital visitation rights and was fairly limited. The legislature has since expanded that to give domestic partnerships most of the same rights as traditionally married couples. Domestic partnerships are pretty indistinguishable from civil unions in their current form.
Currently, a bill was just passed that would expand domestic partnership rights to all opposite sex couples (currently an opposite sex couple has to be 62 years of age or older). The idea behind SB 11, is that all “committed” couples should have the same rights whether they elect “marriage” or not. At this time, it’s unknown whether the Governor will veto it or sign the legislation into law.
Minors under the age of 18 will need at least one parent present when they apply for their marriage license. They will also need to appear before a California superior court judge and make an appointment with a marriage counselor.
A California marriage license is valid for 90 days and if you want to obtain a copy of your California marriage certificate, you need to contact the County Recorder’s office where you got married.
The above information should be taken as guidance only, legal requirements for state and county marriage licenses change often. Please verify the necessary paperwork and more with the office of the county clerk prior to making your wedding plans
More on California Marriage Laws:
In the News: California Assembly Offers Equal Opportunity
In the News: Vetoed “Marriage” Bill in California Revisited