3 0 obj The power of attorney shall state the full given names at birth, or by (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. [2], Colorado allows self-solemnization without requiring a special form of application or witnesses. He has been performing wedding ceremonies and delivering California confidential marriage licenses for over two decades. license is issued. 3. . By law, you must first acquire a marriage license. 816, Sec. requirements of this section on behalf of the applicant who is overseas, clerk on behalf of the party who is overseas, as prescribed in 23. institution, whose articles of incorporation are registered with the View Law To read this file, Adobe Acrobat Reader is needed. (2) The printed names, signatures, and mailing addresses of two witnesses to the ceremony. (c) No contract of marriage, if otherwise duly made, shall be 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. California Law - Family Code - Division 3: Marriage - Part 2: Marriage License, California Marriage Laws and Get Ordained - Licensed, 38+ Years of Ordaining People as Independent Christian Ministers, Fast, Reliable Ordination - Rated A+ by the BBB, People who can solemnize marriage in California, Although marriage is a personal relation arising subdivision, either by an individual or by a religious denomination, shall not Only one officiant may sign the marriage certificate as solemnized. The marriage license may be obtained from any county in California. You already receive all suggested Justia Opinion Summary Newsletters. There is nothing in the law that says a person performing a wedding must have certain beliefs, be of a certain gender or live in a particular area. Who would want their mothers maiden name and other information invaluable to identity thieves in such a public database? 816, Sec. agent of AIDS. Licenses received with more than two witnesses signatures will be returned to the officiant and a duplicate marriage license will need to be purchased. 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). I am often asked by couples that want to be married, How can we have a wedding without a ceremony in California? or Look, we just want to be married but we dont want a wedding ceremony. And its a simple response, You cant.. marriage ceremony, but before it is returned to the county recorder, or The law does not specify which county clerks office to go to (the county in which one or both parties live, the county in which they plan to tie the knot, etc.). Reset exist, the parties may purchase a License and Certificate of Declaration What Is A Non Clergy Marriage License (a) The fact, date (month, day, year), and place (city and county) of solemnization. FAM 364 (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. 308 Validity of Marriage 816) by Stats. Anyone may request copies of the marriage license by submitting the required fee to the County Recorder. year of the issuance date shown on the original marriage About; Other Legal Services; . However, a California marriage license expires after 90 days. 816) by Stats. available to the Secretary of State who shall print and make available statement of the parties to the marriage that the marriage was entered (b) The printed names, signatures, and mailing addresses of at least one, and no more than two, witnesses to the ceremony. application. (c) The county recorder shall notify the licenseholders of the obligation of the person solemnizing their marriage to return the marriage license to the recorders office within 10 days after the ceremony. 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.) county in which the license was issued within 10 days after the basis. (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. Couples who wish to marry in California must first obtain a marriage license from a county clerks office. 10. California Marriage License, Registration and Ceremony Information This information is also available in Adobe Acrobat (PDF) format. Although non-denominational, this method of getting married is sometimes referred to as a "Quaker marriage", after the marriage practice of the Religious Society of Friends, for which see Quaker wedding. Do You Get a Marriage License Before Or After The Wedding? premarital counseling, the court shall consider, among other factors, of the parties to the marriage and the county clerk or his or her In They could check with either the San Francisco County Clerks office or, perhaps better, the office in Sacramento that was involved. The person solemnizing the marriage must return the original marriage license to the County Clerk or County Recorder as applicable within 10 days of the date of the ceremony. (b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by both parties. by the person solemnizing the marriage to the county recorder within one A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of the persons faith. California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage, (a) Before entering a marriage, or declaring a marriage pursuant A credible witness affidavit or affidavits may be used in lieu of authentic photo identification. (d) This section shall become operative on January 1, 2009. Copies in any form, including by facsimile, are not acceptable. The most commonly recognized exception is if one party of the intended union serves in the US Armed Forces and is stationed overseas in a conflict zone. You can explore additional available newsletters here. So much thanks for sharing their story, and for fighting the good fight to pave the way for others who want to get married in accordance with their theistic OR nontheistic beliefs. 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. (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. (b) of Section 420, the attorney-in-fact shall appear before the county FAM 2200. And couples who are planning to be married in another country often choose to be legally married in a simple private un-ceremony at their home so they will not have to deal with the bureaucracy of trying to have their foreign marriage recognized as legal under United States and California law. The minister and the married couple should review the license to ensure that everything is complete and accurate. An amendment may If it is, the members of the couple should return it to the same county clerks office from which they obtained it within 10 days of the ceremony. or Section 103175 or 103180 of the Health and Safety Code, a mailing (c) The signature of any party to be married who is unable to appear in (b) If a marriage is to be entered into pursuant to subdivision Its a legal formality, but a necessary one. subdivision shall not be required to solemnize a marriage that is contrary to Because there is no need for clergy mediation, you won't find an officiant at a . petition the this Section. These copies were provided on the spot. (c) Nothing in this section shall be construed to abrogate the common Those documents may include, without limitation, a the spaces provided on the marriage license application without intent county clerk to the person solemnizing the marriage if the following General Information: 916-445-2684. law right of any person to change his or her name, or the right of any [11], Nevada law provides, "All marriages solemnized among the people called 'Friends' or 'Quakers,' in the forms heretofore practiced and in use in their meetings, shall be good and valid."[12]. (B) A certified copy of a marriage certificate shall be accepted as In this case, the intended proxy and stateside fianc should consult with a legal expert regarding what steps they need to take to ensure the proxy has appropriate power of attorney. 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. the brochure, as funding allows, pursuant to Section 298.5. In other states, the procedures for Quaker marriage vary. action pursuant to Section 103450 of the Health and Safety Code, to have In special cases, couples in California may be able to self-unite if they purchase a special 'non-clergy' marriage license, called a 'License and Certificate of Marriage for Denominations Not Having Clergy.' In these cases, 2 witnesses sign the license with the couple instead in the place of an officiant. witnesses, that they take each other as husband and wife. Above all, enjoy the big day. PDF 246 Non-Clergy Marriage License Information - rivcoacr.org Interested in a personal contact? contract between a man and a woman, to which the consent of the parties domestic partners pursuant to Section 297 and shall make the brochure I referenced this blog. 56 of Ch. In other states, you may be the first person to ask. performing the marriage ceremony shall be a residential address, a Getting Your Marriage License - Sacramento County, California Espaol, - California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage, In addition to the persons specified in Section 400, marriage may Since the Constitution prohibits disparate treatment for different religions, or for religious and non-religious beliefs, that should mean that it is possible for any couple in any of these states to marry without clergy, as Quakers do. (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. Few counties require parties to also present their birth certificates. To see a full list of states that allows this practice, check out our list of states that allow self-uniting marriage. 1 0 obj Whether you plan to get married in California or were asked to officiate a ceremony in its boundaries, it is important that you understand California's marriage and licensing laws. lacks the capacity to enter into a valid marriage or is, at the time of Pingback: Self-Uniting Marriage Can Save Brides Money | Femme Frugality. There is a filing fee to obtain a marriage license, which varies from county to county. (b) The court order and written consent of at least 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. FAM 420. State. It should be one full of love, laughter and memories. 2007, Ch. granting permission to the minor to marry. before issuing the license. Secular humanism is an acceptable religious affiliation for obtaining a self-uniting marriage license. be issued to correct a clerical error in the new name fields on the name or the absence of a change in name on a marriage The marriage license is registered at the County Recorders Office in the county where the license was purchased, and is a public record. COUNTY IN WHICH THE LICENSE WAS ISSUED 4A. person before the county clerk is authenticated by a notary public or a (b) The License and Certificate of Non-Clergy Marriage, endorsed 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. Your email address will not be published. (Amended by Stats. FAM 350. (Enacted by Stats. The fees and hours of issuance for a marriage license may vary by county. copy of a marriage certificate containing the new name, or retaining the The order shall be filed with The issuance of self-uniting marriage licenses is controversial, however. (b) The commissioner of civil marriages may appoint deputy commissioners Minors may NOT purchase a confidential marriage license. California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage, Before solemnizing a marriage, the person solemnizing the marriage We entered atheist in the box for religious denomination. You will either need to read the law, or ask Quakers in your state. California Department of Public Health Vital Records solemnization before the county supervisor or mayor first solemnizes a In the District of Columbia and Colorado, any couple can elect to officiate their own marriage, without being asked about their religion. Effective January 1, 2008. The participating parties must be at least 18 years old to apply for a confidential marriage license. Amended by Stats 2006 ch 816 (AB 1102),s 47, eff. (3) Information concerning domestic violence, including resources Initially, I was told by both the SF and Sacramento country clerks that it was not possible to have a confidential & non-clergy wedding. Because its differing climates appeal to numerous preferences, the state is a popular place to get married. constitute marriage. The first people hanged for heresy in Massachusetts were Quakers. Although marriage is a personal relation arising have authority almost immediately to do Marriage and Wedding ceremonies. How to get Ordained in California to Officiate - ULC Dose it still say State Of California? our list of states that allow self-uniting marriage, there have already been lawsuits over this, Americans United for Separation of Church and State, 8 Ways to Help Loved Ones in Abusive Relationships, Self-Uniting Marriage Can Save Brides Money | Femme Frugality, https://femmefrugality.com/nix-the-officiant-self-uniting-marriages-can-save-budget-conscious-brides/. information for marriage license applicants. who is not stationed overseas, and present the original power of marriage license and the old license shall be voided. California Law - Family Code - Division 3: Marriage - Part 2: Marriage License, The marriage license shall show all of the following: 01 01 2009) Enter the religious society/denomination in item 26B, and place of marriage initems 26C and 26D. State Department of Public Health, and shall be adapted to set forth the (2)The printed names, signatures, and mailing addresses of two witnesses to the ceremony. the middle or last names, or both, by which that party wishes to be (d) The person solemnizing the marriage shall also type or print his or her name and mailing address. (c) The department shall prepare a lesbian, gay, bisexual, and retention of the former name is lawful. 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. rules and customs of that religious society or denomination. [5!~~Cb9ac{J\ey/F>O@/O_u:(( 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. 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. (e) The marriage license shall be returned by the person solemnizing the Since the Constitution prohibits disparate treatment for different religions, or for religious and non-religious beliefs, that should mean that it is possible for any couple in any of these states to marry without clergy, as Quakers do. There are many. Both members of the couple must pick up the license in person. As far we know, this is the first instance of a successful secular, non-clergy marriage in the state of California. 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 . 2018, Ch. Quite often the simple I do ceremony is requested by couples who are planning a more elaborate wedding ceremony for friends and family at a later date and they want the legal benefits of marriage but do not want to take away from the emotion of the later celebration.
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