1. What do we have to do to marry in California? In order to marry in California, you and your partner must get a marriage license from the office of the Registrar-Recorder/County Clerk of any California county. Both partners must go together to the county office and present a government-issued picture ID and proof that you are over 18 years old. (If either or both is younger than 18, different procedures apply.) The license fee varies by county but generally is less than $100. The license is valid for 90 days and your marriage can be performed anywhere in California. No blood test or health certificate is required. Call ahead or visit the county’s website to learn the hours, locations and fees of the county offices that issue licenses.
2. Who can marry us?
In California, persons who are legally authorized to solemnize marriage ceremonies include: clergy members; active and retired judges and court commissioners and assistant commissioners; commissioners of civil marriages or retired commissioners of civil marriage; justices or retired justices of the U.S. Supreme Court or another federal court; U.S. magistrates or retired magistrates; state legislators or constitutional officers of the state; and members of Congress who represent a district within this state. Commissioners and Deputy Commissioners of Civil Marriages perform marriage ceremonies by appointment at designated county offices. There is a fee, which generally is less than $50. Call ahead or visit the county website for more information.
A couple can also have a friend deputized to perform their marriage ceremony through a county “Deputy Commissioner for a Day” program. The specific requirements vary by county.
The person who performs your ceremony must complete and sign your marriage license after the ceremony. In addition, at least one witness 18 years old or older must sign the marriage license.
The license then becomes your marriage certificate, which must be returned to the same county in which you obtained the license for filing within ten days of the ceremony.
3. Should my partner and I marry?
Marriage is a serious legal and personal commitment. Before getting married, couples should educate themselves about the legal consequences of marriage.
Married same-sex couples also face complications that married heterosexual couples do not face, due to the fact that the federal government and many states will not honor marriages of same-sex couples. Deciding whether to marry is an important decision for everyone, gay or straight, but same-sex couples have to be prepared for and be willing to take on those additional challenges.
4. Is a marriage license a public record?
Yes, marriage licenses are public records; however, in California, couples can apply for a “confidential” marriage license. The only additional requirements for obtaining a confidential marriage license are that the spouses must be at least 18 years old, must be living together at the time they apply for the marriage license, and must sign an affidavit on the license attesting to those facts. The couple must be married in the county where the license is issued. The marriage license is a confidential record and is registered at the County Clerk’s office in the county where it was issued. Only the spouses may obtain copies of the marriage license. Persons other than the spouses may obtain copies of a confidential marriage license only by obtaining a court order permitting them to do so. When a couple obtains a confidential marriage, the only information available as a matter of public record is the fact that each of the individuals is married; who, when, and where the person married, as well as the person’s address are not publicly available. This may be a good option for those who do not want others to know the name of their spouse or where they live.
5. What happens if we marry in California and later wish to divorce?
The only legal way to end a marriage is to divorce. In order to divorce in California, at least one of the spouses must be a resident of California for at least six months, and a resident of the county in which the divorce is filed for three months, before filing a divorce petition. If you move from California to another state, or if you already live in another state, getting a divorce could be difficult. Currently, the only state other than California in which same-sex married couples have a clearly established right to divorce is Massachusetts; however, Massachusetts has a one-year residency requirement before a person can petition a Massachusetts court for a divorce. New York also respects same-sex couples’ out-of-state marriages even though same-sex couples cannot yet marry in that state. Married gay and lesbian couples should be able to petition for divorce in New York; however, New York also has a residency requirement for divorce.
Couples who are unable to obtain a divorce remain legally married. Being unable to divorce means that one may not marry someone else; it also may cause serious legal problems and complications for same-sex couples who find themselves in this situation if they move to or travel through other states. If you are in this situation, we recommend seeking legal advice specific to your situation.
6. If we get married in California on or before November 4, 2008 and Proposition 8—the marriage ban—is enacted, what would happen to our marriage?
Because your marriage will have been valid at the time it was entered, we believe you will still be married after November 4, 2008 regardless of whether the initiative passes. Initiatives usually are not retroactive and this initiative does not say that it would be. If the initiative passes, there will likely be people or organizations who will try to argue that your marriage is no longer valid and that you were divorced against your will as of November 4. It is hard to predict with certainty what courts would decide because this situation is unprecedented.
Registered Domestic Partnerships and Marriage
7. Will couples who are registered domestic partners in California automatically become married?
No. Couples who are registered domestic partners are free to decide whether or not they wish to marry. Those who do wish to marry must go through the formal legal steps required for any couple in California to legally marry.
8. Will domestic partnerships in California continue to exist?
Yes. Domestic partnerships still exist under current California law.
9. If we’re already in a registered domestic partnership in California, do we have to dissolve our domestic partnership before we can marry?
No. The California domestic partnership statutes permit an individual to be both married and in a registered domestic partnership, so long as it is to the same person.
10. Is there any reason for couples who marry to also remain in a domestic partnership?
Yes. Being in a registered domestic partnership may protect you if you travel or move to another state that will recognize a domestic partnership but not a marriage.
