California Marriage Records

To get married in California, the two individuals may not have already been married to each other or other people and must be at least 18 years old. Under state law, it is typically impossible to get married by proxy in California, except for members of the Armed Forces under certain circumstances. A person does not need to be a California resident to get married in the state, and blood tests are unnecessary to obtain a marriage license. An intending couple in the state is required to visit the County Clerk's Office to apply for a marriage license before their marriage ceremony. However, the marriage registration is incomplete until they submit the marriage license (filled out) to the County Clerk’s Office after the marriage ceremony.

According to research by the American Community Survey (ACS), the median length of marriage for opposite-sex couples in California was 19.7 years as of 2021. Some California marriage records are public records, while others are not. Typically, California marriage records are stored in the County Clerk's Offices in the counties where the marriage licenses are issued and filed. Also, the California Department of Public Health (CDPH) is a statewide repository for records of public marriages.

What are Marriage Records?

In California, marriage records are official documents that serve as legal proof of marriages between individuals within the state. They typically document personal relations arising from civil contracts and attest to the marital status of legally married individuals. California marriage records are primarily generated at the county level from the information and documents submitted by prospective couples while obtaining marriage licenses. A typical marriage record in the state will contain the names of both spouses in full, the names of the marriage officiants, the location and date of the marriage ceremony, names of witnesses (if applicable), and the signatures of the spouses, witnesses, and officiants. Details such as the bride and groom's birth dates, parents' names, and their place of residence can also be found in a typical California marriage record.

Marriage records are vital in California, as they help to keep track of the state's population, just like other vital records. In addition, it became necessary to have intending couples obtain marriage licenses (hence keep marriage records) to enable appropriate authorities to ascertain whether they are eligible to get married in terms of marital status, age, and parental permission and to ensure they are related by blood. Marriage records are also invaluable for genealogy research.

In line with the state's Public Records Act (CPRA), most marriage records in California are public records. However, some others are confidential and may only be accessed by individuals named on them or third parties authorized by court orders. Generally, public marriage records are public, while confidential marriage records are largely available only to couples living together. The primary place to find a California marriage record is in the county where the marriage occurred. The County Clerk's Offices are custodians of marriage records held in their counties. At the state level, the Vital Records Division of the state's Department of Public Health (CDPH) has on file records of public marriages held between 1905 and 1999 and from 2008 to date.

Marriages in California

Studies have shown California has one of the United States' highest rates of unmarried people, with only 5.7 marriages per 1,000 population as of 2022. However, this was a growth from the previous years (2021 and 2020), when the state's marriage rates were 5.2 in 2021 and 3.2 in 2020 marriages per 1,000 residents. Factors such as the high cost of living in most cities, lack of savings, and financial insecurity are often cited as reasons for California's low marriage rates in recent years.

At least 45% of the state's demography aged 15 years and older have been married at one time or another. While 42% are currently married, 3% are separated. The percentages of California's married population (including widowed) by ethno-racial group are listed below:

Asian (including Hispanic) - 61%
White (non-Hispanic) - 56%
White Hispanic - 47%
Mixed (including Hispanic) - 37%
Others (including Hispanic) - 45%
Black (including Hispanic) - 34%

According to reports from multiple sources, the divorce rate in California has been about 9% (per 1,000 people) in recent years. The median age at first divorce is 29 for women and 30.5 for men. Black or African American is the state's ethnic group with the highest divorce rate, while Asians have the lowest at about 5.8%.

Per Section 420(a) of the state's Family Code, marriage by proxy in California is typically impossible. The two parties, the marriage officiant and, if applicable, witnesses, must be physically present in the same place for a marriage to happen. However, there is one exception. Under Section 420(b) of the California Family Code, a member of the United States Armed Forces who is deployed overseas and serving in a war or conflict and cannot be present physically for marriage licensure or solemnization can still get married by the appearance of their attorney-in-fact. That member of the Armed Forces must, however, commission and empower the attorney-in-fact in writing for this purpose through a power of attorney (POA).

While two persons must be of appropriate age (at least 18 without parental consent) to get married in California, the state does permit minors to marry. However, such minors must be capable of consenting to the marriage upon obtaining a court order granting permission for them to marry. In addition, at least one of the parents of the minors (or each minor if both parties are underage) must issue their written permission, which will be filed with the court clerk with the order permitting them to get married.

A prospective couple must appear in person at the County Clerk's Office to apply for a marriage license and must come with valid photo identification cards. Acceptable IDs are those bearing a date of birth, photo, and an issue and expiration date. While the issuance of marriage licenses comes at a fee, the fee and other requirements may vary by county. For instance, in some counties, both parties may be required to provide copies of their birth certificates. California offers two types of marriage licenses. These are public and confidential marriage licenses:

Public Marriage License - A California public marriage license is a public record and is registered at the County Recorder's Office, where it was obtained. To obtain this license, both parties must typically be at least 18 years old or, if at least one party is a minor, have a California Superior Court Judge's permission and written consent from at least one parent or legal guardian. When getting married on a public marriage license in the state, at least one witness who is old enough to know what they are witnessing and can sign the license must be present at the ceremony.

Confidential Marriage License - The two parties marrying on a confidential marriage license in California must be at least 18 years old - this is not an option for minors. This license may be purchased from any county in California. While it is not mandatory for the marriage ceremony to be held in the county where the license was obtained, the ceremony must take place in the state, and the confidential license must be filed in the county where it was issued. A California confidential marriage license may not be publicly disclosed and is registered at the County Clerk's Office in the county where it was obtained.

In California, a marriage ceremony must take place within 90 days from the date a marriage license is issued or obtained. Individuals authorized to solemnize marriage ceremonies in the state are listed in Section 400 of the California Family Code. Once the two parties are married, they must register the marriage license within 10 days of the marriage ceremony by returning the completed marriage license to the county where the license was purchased. If the marriage license is acceptable for registration, the county will assign it a local registration number. Once the marriage license is registered, the couple may apply for a certified copy of their California marriage certificate.

California Marriage Certificate

A California marriage certificate is a document issued to a couple after their marriage ceremony as proof of marriage. It forms a vital part of the state’s marriage record. Depending on the type of marriage license obtained before a marriage ceremony, California marriage certificates are maintained at the county and state levels. While copies of marriage certificates of public marriages can be found at the County Recorder's Offices and the state Vital Records Offices, copies of certificates of confidential marriages are not available at the state's Vital Records office. They are stored at the County Clerk's Offices in the County where the marriage licenses were purchased.

Anyone may request copies of marriage certificates of public marriages in California. In contrast, only the couples can obtain copies of marriage certificates of confidential marriages in the state and must present valid photo IDs. Anyone other than the couple in a confidential marriage interested in retrieving a copy of the certificate of such a marriage must present a court order to the County Clerk's Office where the confidential marriage license was registered. California marriage certificates may be retrieved in electronic or paper format, depending on the requester's preference.

How to Find and Access California Marriage Records

Interested parties can find and access California marriage records by either submitting online or mail requests.

Finding and Accessing California Marriage Records Online

California public marriage records can be accessed online from the state's Department of Public Health - Vital Records (CDPH-VR) through approved designated independent third parties. The CDPH-VR does not directly accept online requests for any vital record, including marriage records. Once they receive online requests, the independent companies will electronically transmit them to the CDPH-VR or a county vital records office for processing and fulfillment. It costs $17 to obtain a California public record using any of these third-party sites, but additional fees may apply, which can vary depending on the company. Requesters who do not qualify to receive authorized copies of marriage records online are issued informational copies.

Finding and Accessing California Marriage Records Offline

Interested persons can find California Marriage Records offline by submitting mail requests to the CDPH. To do this, they must complete the Application for Certified Copy of Marriage Record and indicate whether they are requesting authorized or informational copies. Anyone requesting an authorized copy must include a notarized sworn statement. The completed application form and fee (a $17 money order or check made payable to CDPH-Vital Records) should be mailed to the CDPH at:

California Department of Public Health

Vita Records - MS 5103

P.O. Box 997410

Sacramento, CA 95899-7410

If an applicant's request is accepted, the CDPH-VR will process it and mail out a copy of the requested record to the applicant. It takes 12 to 14 weeks for the CDPH-VR to process a certified marriage record request.

Alternatively, anyone interested in obtaining copies of a California marriage record from the county, especially those not maintained by the CDPH-VR, can submit a completed application form at the county clerk's office where the license for such a marriage was issued. Each county may have unique requirements, so it is best to contact a county clerk's office before sending a request to find or access a marriage record in their custody.

Note that the CDPH does not maintain confidential marriage records and does not have records of marriages that took place from 2000 through 2007. In addition, it does not maintain records of marriages that occurred within the first six months after the marriage ceremony date.

References

Counties in California

List of Content

What are Marriage Records?
Marriages in California
California Marriage Certificate
How to Find and Access California Marriage Records