Case No.

S211990
In The Supreme Court Of The State of California
DENNIS HOLLlNGSWORTH; GAIL J. KNIGHT; MARTIN F. GUTIERREZ,
MARK A. JANSSON; AND PROTECTMARRIAGE.COM- YES ON 8, A PROJECT OF
CALIFORNIA RENEWAL,
Petitioners,
v.
PATRICK 0' CONNELL, IN HIS OFFICIAL CAPACITYAS AUDITOR-CONTROLLER/COUNTY
CLERK-RECORDER OF ALAMEDA COUNTY, ET AL.,
Respondents,
and
EDMUND G. BROWN, JR., IN HIS OFFICIAL CAPACITY AS
GOVERNOR OF THE STATE OF CALIFORNIA, ET AL.,
REAL PARTIES IN INTEREST.
MOTION FOR JUDICIAL NOTICE IN SUPPORT OF PRELIMINARY
OPPOSITION TO PETITION FOR WRIT OF MANDATE OF TWENTY
RESPONDENT CLERK-RECORDERS*
* List of Respondents on Next Page
CHARLES J. McKEE
County Counsel, Monterey County
State Bar #152458
WILLIAM M. LITT
Deputy County Counsel
State Bar#166614
168 West Alisal Street, 3rd Floor
Salinas, CA 93901-2439
Phone: (831) 755-5045
Facsimile: {831) 755-5283 '
McKeeCJ@co.monterey.ca.us
Counsel for Respondents
Case No. S211990
In The Supreme Court Of The State of California
DENNIS HOLLINGSWORTH, ET AL.
Petitioners,
v.
PATRlCK 0' CONNELL, IN HIS OFFICIAL CAPACITY AS AUDITOR-CONTROLLER/COUNTY
CLERK-RECORDEROF ALAMEDA COUNTY, ET AL.,
Respondents,
and
EDMUND G. BROWN, JR., IN HIS OFFICIAL CAPACITY AS
GOVERNOR OF THE STATE OF CALIFORNIA, ET AL.,
REAL PARTIES IN INTEREST.
MOTION FOR JUDICIAL NOTICE IN SUPPORT OF PRELIMINARY
OPPOSITION TO PETITION FORWRIT OF MANDATE OF
KIMBERLY L. GRADY, in her official capacity as ClerklRecorderlRegistrar of
Voters/Commissioner of Civil Marriages of Amador County; MADALINE KRSKA,
in her official capacity as County Clerk recorder of Calaveras County; JOSEPH E.
CANCIAMILLA, in his official capacity as County Clerk-Recorder-Registrar of
Contra Costa County; WILLIAM E. SCHULTZ, in his official capacity as
Recorder-Clerk and Elections Official and Commissioner of Marriages of EI
Dorado County; CAROLYN CRNICH, in her official capacity as County
ClerklRecorderlRegistrar of Voters of Humboldt County; KAMMI FOOTE, in her
official capacity as ClerklRecorder and Registrar of Voters of Inyo County;
CATHY SADERLUND, in her official capacity as Auditor-Controller and County
Clerk of County of Lake; SUSAN M. RANOCHAK, in her official capacity as
Mendocino County Assessor-County Clerk-Recorder; LYNDAROBERTS, in her
official capacity as Mono County Clerk-Recorder-Registrar; STEPHEN L.
VAGNINI, in his official capacity as Assessor-County Clerk-Recorder of County of
Monterey; JOHN TUTEUR, in his official capacity as Assessor-Recorder-County
Clerk 0 Napa County; GREGORY J. DIAZ, in his official capacity as Clerk-
Recorder of Nevada County; JOE PAUL GONZALEZ, in his official capacity as
Clerk-Auditor and Recorder-Registrar of Voters of County of San Benito;
KENNETH W. BLAKEMORE, in his official capacity of Recorder/County Clerk of
San Joaquin County; GAIL PELLERIN, in her official capacity ad County Clerk of
the County of Santa Cruz; CATHY DARLING ALLEN, in her official capacity as
County ClerklRegistrar of Voters of Shasta County; HEATHER FOSTER, in her
official capacity as County Clerk-Recorder of Sierra County; WILLIAM F.
FOUSSEAU, in his official capacity as Sonoma County Clerk-Recorder-Assessor;
BEV ROSS, in her official capacity as Clerk-Recorder of Tehama County; and
ROLAND P. IDLL, in his official capacity as Assessor/Clerk-Recorder of Tulare
County
MOTION FORnJDICIAL NOTICE
Pursuant to Evidence Code section 452, subdivision (c), the Respondents
listed on the prior page move and request that the Court take judicial notice of the
following documents, attached as Exhibits A through E:
1. All County Letter 08-07, issued to all County Clerks and County Recorders
by the California Department of Public Health on May 28, 2008. This issuance
provided instructions to County Clerks and County Recorders following the ruling
in In re Marriage Cases (2008) 43 Cal. 4th 757. A true and correct copy is
attached hereto as Exhibit A.
2. The California Marriage License and Certificate Handbook, issued by the
California Department of Public Health-Vital Records, on September 1, 2011.
This official document provides guidance on a wide variety of issues related to
marriage licenses, and includes forms and other supporting documents. A true and
correct copy is attached hereto as Exhibit B.
3. An electronic mail message regarding All County Letter 08-07, issued on
May 28,2008 to all County Clerks and County Recorders via electronic mail from
Ms. Linette T. Scott, Deputy Director of Health Information and Strategic Planning
for the California Department of Public Health, providing marriage forms to be
used effective June 17,2008; All County Letter 08-09, issued to all County Clerks
and County Recorders by the California Department of Public Health on June 5,
2008, directing the use of new State marriage license forms beginning at 5:01 p.m.
on June 16,2008; All County Letter 08-15, issued to all County Clerks and County
Recorders by the California Department ofPublic Health on October 3,2008,
distributing amended marriage license forms, and directing they be used effective
November 17, 2008; and All County Letter 08-18, issued to all County Clerks and
County Recorders by the California Department of Public Health on October 21,
2008, implementing a change to the forms regarding the optional designation of
bride and groom. A true and correct copy of each of these letters is attached hereto
as Exhibit C.
4. An invitation sent by Ms. Linette T. Scott, Deputy Director of Health
Information and Strategic Planning for the California Department of Public Health
on October 3, 2008 via electronic mail to all County Clerks and County Recorders
to participate in a conference call to discuss new marriage forms; and an electronic
mail to all County Clerks and County Recorders from Karen J. Roth, Chief, Policy,
Compliance & Standards Section in the Office of Vital Records of the California
Department of Public Health advising that marriage certificates submitted to the
State via priority mail must be properly addressed in order to be timely received.
A true and correct copy of each of these documents is attached hereto as Exhibit D.
5. Electronic mail correspondence between Alicia R. Sotelo, Assistant County
ClerklRecorder, Monterey County ClerklRecorder's Office and Karen J. Roth,
Chief, Policy, Compliance & Standards Section in the Office of Vital Records of
the California Department of Public Health, dated January 14,2011, in which Ms.
Roth provides guidance to the Monterey County ClerkJRecorder's Office on
whether a minister may perform his own wedding ceremony. A true and correct
copy of this document is attached hereto as Exhibit E.
JulyLl-,2013 Respectfully submitted,
COUNTY OF MONTEREY
By c A a ( ~ ~ - - L -
CHARLES J. McKEE
County Counsel
Counsel for Respondents
MEMORANDUM OF POINTS AND AUTHORITIES
I. THE REQUESTED JUDICIAL NOTICE IS APPROPRIATE
Evidence Code section 452, subdivision (c) provides that courts may
judicially notice "[0]fficial acts of the legislative, executive, and judicial
departments [ ] of any state of the United States. This includes official
publications of an agency, and reports and letters issued by various department of
the Executive Branch, although the court does not necessarily take notice that the
contents therein are true. (Carleton v. Tortosa (1993) 14 Cal.AppAth 745;
Shaeffer v. State (1970) 3 Cal.App.3d 348; Jay v. Dollarhide (1970) 3 Cal.App.3d
1001.) Furthermore, courts may notice "[f1acts and propositions that are not
reasonably subject to dispute and are capable of immediate and accurate
determination by resort to sources of reasonably indisputable accuracy." (Evid.
Code, § 452, subd. (h).)
"Judicial notice is the recognition and acceptance by the court, for use by [ ]
the court, of the existence of a matter of law or fact that is relevant to an issue in
the action without requiring formal proof of the matter. (Lockley v. Law Office of
Cantrell (2001) 91 Cal.AppAth 875,882.) The underlying theory is that a matter
judicially noticed is a law or fact that is not reasonably subject to dispute.
III
III
II. NOTICE OF THE ATTACHED EXHIBITS WILL AID THIS
COURT'S DETERMINATION OF THE PENDING PETITION
The documents attached to this motion as Exhibits A through E reflect the
actual practice and pattern of the relationship between the State and the County
Clerks and Recorders. A fundamental question behind both the pending petition
and the opposition filed by Respondents is whether the County Clerks and Records
are subject to the direction of the California Department of Public Health in
relation to issuing and registering marriage licenses. The attached documents aid
in understanding how directives, guidance and instructions are issued by the State
to the Clerks and Recorders, and are directly relevant to the Court's determination
of the issue pending in this matter.
III. THIS MOTION COMPLIES WITH RULE 8.252
This motion complies with California Rules of Court, rule 8.252. First, the
materials for which notice is sought are subject to judicial notice under Evidence
Code section 452, subdivision (c), and they are relevant to the Preliminary
Opposition to the Petition for Writ of Mandate filed herewith. Each supports
Respondent's argument that County Clerks and Recorders are subject to the
supervision of the California Department of Public Health with respect to the
administration of California's marriage laws. Accordingly, this motion complies
with California Rules of Court, rule 8.252.
I I I
IV. CONCLUSION
Therefore, Respondents respectfully submit that this Court should grant this
motion and take judicial notice of the materials attached as Exhibits A through E.
July lL, 2013 Respectfully submitted,
COUNTY OF MONTEREY
1 J (" '
B ~ ~ ~ ~ ..
County Counsel
Counsel for Respondents
DECLARATION OF COUNSEL
[Calif. Rules of Court, Rule 8.54(a)(2)]
I, Charles J. McKee, hereby declare the following to be true and correct.
1. That I am att01lley of record for the twenty Respondents filing this Motion
for Judicial Notice, and that I am duly licensed to practice before this and all other
courts in the State of California.
2. Attached hereto as Exhibit A is a true and correct copy of California
Department of Public Health All County Letter 08-07 (May 28,2008).
3. Attached hereto as Exhibit B is a true and correct copy of The California
Marriage License and Certificate Handbook, issued by the California Department
of Public Health-Vital Records, on September 1,2011.
4. Attached hereto as Exhibit C is a true and correct copy of an electronic mail
message sent to all County Clerks and County Recorders on May 28, 2008,
California Department of Public Health All County Letter 08-09 (June 5, 2008),
California Department of Public Health All County Letter 08-15 (Oct. 3, 2008),
and California Department of Public Health All County Letter 08-18 (Oct. 21,
2008).
5. Attached hereto as Exhibit D is a true and correct copy of an invitation sent
by Ms. Linette T. Scott, Deputy Director of Health Information and Strategic
Planning for the California Department of Public Health on October 3,2008 via
electronic mail to all County Clerks and County Recorders to participate in a
conference call to discuss new marriage forms; and an electronic mail to all County
Clerks and County Recorders from Karen 1. Roth, Chief, Policy, Compliance &
Standards Section in the Office of Vital Records of the California Department of
Public Health on June 4, 2008.
5. Attached hereto as Exhibit E is electronic mail correspondence between
Alicia R. Sotelo, Assistant County Clerk/Recorder, Monterey County
Clerk/Recorder's Office and Karen J. Roth, Chief, Policy, Compliance &
Standards Section in the Office of Vital Records of the California Department of
Public Health, dated January 14,2011.
I declare under penalty of perjury under the laws of the Staet of California
that the foregoing is true and correct.
Executed this of July, 2013, in Salinas, California.
By:
Charles J. McKee
EXHIBITA
State of California-Health and Human Services Agency
~ ~ , , : ; ~ . / California Department of Public Health
MARK BHORTON, MD, MSPH ARNOLD SCHWARZENEGGER
Director Governor
May 28, 2008 08-07
TO: COUNTY CLERKS
COUNTY RECORDERS
SUBJECT: RULING BY THE CALIFORNIA SUPREME COURT REGARDING SAME-
SEX MARRIAGES
On May 15, 2008, the California Supreme Court ruled that statutes
Introduction limiting marriage to opposite-sex couples are unconstitutional. (In re
Marriage Cases [Six consolidated appeals], Case No. S147999.)
Pursuant to the California Supreme Court's decision in the Marriage
Cases, and also pursuant to its decision in Lockyer v. City and County
of San Francisco (2004) 33 Cal.4th 1055, local governments have a
ministerial duty to comply with California's marriage laws in a manner
consistent with the directions of the California Supreme Court.
In order to ensure uniformity throughout the state in complying with the
California Supreme Court's directions, the State Office of Vital Records
(OVR) issues the following instructions for all counties.
The California Rules of Court provide that the California Supreme
Court has until the close of business on June 16, 2008, to issue an
order for rehearing. Effective June 17, 2008, County Clerks are·
authorized to begin using the enclosed new marriage license forms for
all Public licenses, Confidential licenses, Denominations not Having
Clergy licenses, and Declaration of Marriage licenses. The Affidavit to
Amend a Marriage Form (VS 24C) has also been revised and is
enclosed. Effective June 17,2008, only the enclosed new forms may
be used for the issuance of marriage licenses in California.
A Registered Domestic Partnership (RDP) need not be dissolved prior
to the issuance of a marriage license if the parties to the RDP and the
parties to the marriage are identical.
. Center for Health Statistics - Office of Vital Records MS 5103 - P.O. Box 997410, Sacramento, CA 95899-7410
(916) 442-2684
Internet Address: www.cdph.ca.gov
RULING BY THE CALIFORNIA SUPREME COURT REGARDING SAME-
SEX MARRIAGES
Page 2
Revised
Marriage
License
Forms

Forms
Approval
Process
Transmittal
form
Updated
Ha.ildbook
Pages
Based on Health & Safety Code Section 102200, the OVR has
approved the enclosed marriage license forms. These forms were
developed in conjunction with input from the County Clerks and
County Recorder Associations.
The OVR will send all County Clerk offices a supply of the new paper
marriage certificates for use beginning June 17, 2008. If the paper
form is being used, the personal data for the applicants must be
typed.
OVR approval to electronically produce these marriage forms must
be obtained individually by each participating county. Any county
that does not obtain approval to electronically produce the new
forms must issue marriage licenses on paper forms provided by the
State until approval is obtained.
Please find enclosed copies of the new marriage forms and the
Protocol for submitting electronic marriage forms for approval.
The enclosed transmittal form should be used when forwarding
electronically produced forms to the state office for approval. The
electronically produced forms should be forwarded to the attention of
the appropriate Policy Analyst.
Revised pages to the Marriage Handbook will follow at a later date.
RULING BY THE CALIFORNIA SUPREME COURT REGARDING SAME-
SEX MARRIAGES
Page 3
Questions If you have any questions regarding this matter, please contact your
Policy/County Analyst.
Original signed by Linette Scott:
Janet McKee
Deputy State Registrar and
Ch'ief, Office of Vital Records
Enclosures
Protocol for Submitting
Electronic Marriage Forms for Approval
Health and Safety Code Section 102200. Record Forms. The State Registrar shall
prescribe and furnish all record forms for use in carrying out the purposes of this part, or
shall prescribe the format, quality, and content of forms electronically produced in each
county, and no record forms or formats other than those prescribed shall be used.
Pursuant to Health and Safety Code Section 102200, the only forms that may be
eledronically produced and used to license a marriage in California are State approved
marriage license forms. Copies of the approved marriage license forms were revised
pursuant to the California Supreme Court Ruling on May 15, 2008. Please take the
following steps to proceed with approval to electronically produce the current forms:
PAPER SPECIFICATIONS
j. All marriage forms must be printed on white 28-pound ledger stock. The
forms must be on acid-free archival paper.
2. Paper size is 8 %" xii".
3. Counties approved to produce forms electronically shall purchase the
required paper stock identified above and distribute their own paper supplies.
FONTS AND DATA ELEMENTS
. 1. The size and type of fonts used must be in compliance with specifications set
forth by the Office of Vital Records. Five to twelve point Arial fonts, as used
on the enclosed forms, are required for the new marriage forms (Rev. 6/08).
2. Strict adherence to the position layout of the data elements on the OVR forms
is required.
SUI;3MISSION TOOVR FOR APPROVAL
1. After electronic systems have been programmed to print the new marriage
forms, you must submit the attached transmittal sheet to OVR requesting
State approval to electronically produce the new forms. With this letter you
must submit fiv8 blank copies and five completed copies (data filled) of each
marriage certificate you plan to electronically produce. Also needed are
copies of the Privacy Notification and Instructions and Information sections
that are on the backs of the certificates. This information may be provided for
review by printing it on the backs of the appropriate certificates or on separate
sheets of paper. Each county is responsible for ensuring that the certificate
forms submitted for review have undergone inspection and quality control to
ensure that they are as nearly identical to the State forms as possible prior to
submission.
2. OVR will review your marriage forms and, if acceptable, will grant
authorization for your county to electronically produce the new forms.
3. If your marriage forms are not acceptable, OVR will advise of the changes
that are needed to make them acceptable. OVR will also request five copies
of the corrected certificate(s) both data filled and blank, and those sections on
the back (Privacy Notification and Instruction Section) that require a change.
Once your forms are acceptable, OVR will respond as stated above in Item 2.
Please be aware that OVR will approve each county individually, rather than providing
blanket approval for a vendor. It is the County's responsibility to work with their vendor
to ensure that each form generated by the county is acceptable to OVR.
State of California Office of Vital Records
Transmittal Form
for
Electronically Produced Marriage Forms
To: Office of Vital Records - MS 5103
P.O. Box 997410
Sacramento, CA 95899-7410
Attention: _
Policy Analyst
Approval is requested to electronically produce the following type of marriage certificate(s):
o License and Certificate of Marriage (VS 117)
o Confidential License and Certificate of Marriage (VS 123)
o License and Certificate of Declaration of Marriage (VS 116)
o License and Certificate of Marriage for Denominations Not Having Clergy (VS 115)
o Affidavit to Amend a Marriage Certificate (VS 24C)
The attached marriage certificates have been electronically produced by:
(System Vendor)
I hereby certify that I have reviewed the certificate(s) for accuracy and it/they is/are an exact
replica of the state issued form:
(Certifier's Name)
(Agency Name)
(Mailing Address)
(City, State, Zip Code)
(Telephone Number)
Attached are five blank copies of each type of marriage certificate and five completed copies
(data filled) for each type of marriage certificate being requested for approval.
EXHIBITB
ali rnia
r ii 9 License and rti Icate
andb ok
September 1, 2011
State of California
of m
5103, PO Bex 997410
CA 7410
(916)
TABLE OF CONTENTS
I. Introduction 1
Importance of Marriage Registration 1
The Purpose of Marriage Registration 2
II. Marriage Registration System 3
County Clerk 3
Marriage Officiant 3
County Recorder 3
California Department of Public Health (CDPH) Vital Records (VR) .4
National Center for Health Statistics 4
Marriage License Forms 5
License and Certificate of Marriage (VS 117) 5
Confidential License and Certificate of Marriage (VS 123) 5
License and Certificate of Marriage for Denominations Not Having Clergy (VS 115) 5
License and Certificate of Declaration of Marriage '(VS 116) 5
Court Order Delayed Certificate of Marriage ( V ~ 122) 5
Affidavit to Amend a Marriage Record (VS 24C) 6
Power of Attorney for Military Marriages 6
Electronically Generated Forms 6
III. Specific Responsibilities 7
County Clerk 7
Marriage Officiant 9
County Recorder 12
State Registrar 13
National Center for Health Statistics 13
IV. California Marriage Requirements 14
Purchasing a Marriage License 14
Appearance and Identification 17
Procedure when Either Applicant Cannot Physically Appear in Person to Apply 17
Required Identification · 18
Authentic Identification 18
Credible Witness Affidavit 20
Marriage License Application .:: 21
Completing the Marriage License 23
First Person/Second Person Data Items 24
Affidavit 29
License to Marry 31
Witnesses to Ceremony 32
Certification of Person Solemnizing Marriage 32
New Middle and Last Name 34
Reviewing and Registering the Marriage License 36
License and Certificate of Declaration of Marriage (VS 116) 39
License and Certificate of Marriage for Denominations Not Having Clergy (VS 115) 40
Confidential License and Certificate of Marriage (VS 123) .41
Marriage Ceremony 42
Numbering the Certificate 43
Thirteen-Digit Certificate Numbering System 44
CDPH-VR Marriage Handbook Rev. Date September 1, 2011
V. License and Certificate of Confidential Marriage 45
General Information/Requirements 45
Confidential Marriage License Laws 45
Confidential Marriage Licenses Issued to Notaries .46
Suggested Training Outline for Notaries Public 49
VI. License and Certificate of Marriage for Denominations Not Having Clergy (VS 115) 50
General Information/Requirements 50
VII. License and Certificate of Declaration of Marriage (VS 116) 51
General Information/Requirements 51
VW. Court Order Delayed Certificate of Marriage (VS 122) 53
General Information/Requirements 53
Court Proceedings to Establish Record of Marriage 53
IX. Duplicate License of Marriage 54
General Information/Requirements 54
Sample Duplicate Marriage Affidavit Statement. 55
Signatures '" 56
X. Replacement Licenses 57
General Information , '" 57
XL Certified Copies 58
Public Marriages (including Non-Clergy, Declaration, and Court Order Delayed) 59
Confidential Marriages 59
XII. Amendments to Marriage Certificates , 60
General Information/Requirements 60
Application to Amend a Record 60
Rules to Follow when Amending a Marriage Certificate 61
Table of Amendable Marriage Certificate Fields 64
Completing the Affidavit to Amend a Record (VS 24C) 65
Amendment to Add AKA 66
XIII. Supporting Documents 67
Sixty-Day Letter 67
Certification of No Public Record 68
Power of Attorney for Military Marriages 69
Affidavit of Inability to Appear 70
Application for a License and Certificate of Marriage 71
The Name Equalty Act of 2007 74
CDPH-VR Marriage Handbook
ii
Rev. Date September 1, 2011
XIV. Sample Letters 75
Sample Letter to Marriage Officiant for Confidential Marriage 75
Sample Letter to Prospective Parties for a Confidential Marriage License 76
Sample Letter to Marriage Officiant for Public Manriage License ., 77
Sample Letter to Prospective Parties for a Public Marriage License 78
XV. Coding Information 79
Local Numbers for Use in Vital Records Registration 79
Standard State Abbreviations 80
XVI. Approved Marriage Forms ., 81
XVII. Historical Marriage Forms 87
XVIII. Appendix - Supplemental Updates to Marriage Handbook 153
CDPH-VR Marriage Handbook
iii
Rev. Date September 1, 2011
I. INTRODUCTION
Accurate data from marriage certificates is of tremendous value to all levels of government,
insurance companies, educational institutions, and many other agencies and individuals.
Marriage certificates are also important documents for business and legal purposes, and for
purposes of genealogy.
This handbook is designed as an aid to assist members of the clergy, County Clerks and
registrars, and other local officials who have responsibilities related to completing, issuing,
filing, and registering licenses and certificates of marriage. It includes background
information on the importance of these documents for legal and statistical purposes as well as
specific instructions for recording entries. Its purpose is to achieve improved reporting by
promoting better understanding of the forms and of the uses of information entered on them.
IMPORTANCE OF MARRIAGE REGISTRATION
Registration of marriage certificates provides the individual with documentary proof that a
marriage has occurred. Individuals frequently need to prove that a marriage has occurred to
receive rights to inheritance, pension, insurance, or other benefits.
The legal requirements for obtaining a marriage license and registering a certificate of
marriage can be found in the Family Code (FC), Government Code (GC), and Health and
Safety Code (H&SC). Additionally, these laws require that a statistical record of each
marriage be maintained in a central file at the California Department Public of Health-Vital
Records (CDPH-VR).
In 1949, California underwent a major revision in marriage registration procedures and
established a uniform system throughout the State.
In 2008, California underwent another major revision when AB 1102 (Chapter 816, Statutes of
2006) was signed into law. The bill made major revisions to the legal requirements for
marriage license issuance and to the marriage certificates themselves.
On May 15, 2008, the California Supreme Court ruled that statutes limiting marriage to
opposite-sex couples are unconstitutional. (In re Marriage Cases [Six consolidated appeals],
. .
Case No. S147999.) Based on this ruling, revised gender neutral forms were implemented
on June 16, 2008, at 5:01 p.m.
On November 4,2008, the voters of the State of California passed Proposition 8, which
amended the California Constitution to provide that only marriage between a man and a
woman is valid or recognized in California.
L INTRODUCTION - CONTiNUED
IMPORTANCE OF MARRIAGE REGISTRATION - CONTINUED
On January 1, 2009, The Name Equality Act of 2007 (AS 102, Chapter 567, Statutes of
2007) allows one or both applicants for a California marriage license to elect to change
the middle or last names by which each party wishes to be known after solemnization of
marriage in the spaces provided on the marriage license application. Changing one's
name through this process can only be done at the time the marriage license is issued
by the County Clerk or authorized Notary Public, as applicable. Additionally, parties to
the marriage may not add or amend this information after the marriage license has been
issued.
On January 1, 2010, The Name Equality Act of 2007 (AS 102, Chapter 567, Statutes of
2007, amended by AB 1143, Chapter 512, Statutes of 2009)allovVs one or both
applicants to a California marriage to elect to change the middle and/or last names by
which each party wishes to be known after they are married by entering the new name
in fields 30A thru 31C, as applicable, on the marriage license application. This must be
done at the time the applicants are applying for the marriage license. AS 102 also
allowed an amendment to be issued to correct a clerical error in the new name fields on
the marriage license if signed by the county clerk or his or her deputy and one of the
parties to the marriage.
In addition, January 1, 2010, new laws went into effect addressing certified copies of
marriage certificates. There are two types of certified copies that are provided: (1)
authorized copy or (2) informational copy. Authorized copies require the applicant to
provide a sworn statement; whereas informational copies DO NOT require a sworn
statement. If the request is mailed, the sworn statement must be notarized.
All forms relating to marriage registration are prescribed and furnished by the State Registrar
(H&SC Section 102200).
THE PURPOSE OF MARRIAGE REGISTRATION
1. To establish a permanent public record that is legally recognized as evidence of
the facts stated therein for each marriage occurring in" California.
2. To provide information from the records to government, education, and research
organizations.
3. To provide information from those records to serve the personal needs of
individuals for their legal requirements.
2
II. MARRIAGE REGISTRATION SYSTEM
The registration of public, declared, non-clergy, and confidential marriages in California is a
local and state function. The California FC provides for a continuous and permanent
marriage registration system. The system depends upon the conscientious efforts of local
officials, clergymen, and other officiants in preparing the original records and in certifying the
information on the records.
COUNTY CLERK
The County Clerk, under the direction of the State Registrar, issues public, declared, non-
clergy, and confidential marriage licenses (FC Sections 350 and 501).
The County Clerk is also the local registrar of confidential marriages (FC Section 506). A
permanent record of all confidential marriages registered is maintained by the County Clerk
(FC Section 511). The County Clerk shall, not less them quarterly, transmit copies °of all
original confidential marriage certificates, or originals of reproduced confidential marriage
certificates filed after January 1, 1982, to the State Registrar (FC Section 511 (d)).
MARRiAGE OFFICIANT
The marriage officiant, e.g., clergy person or authorized individual (as listed in FC
Sections 400-402), who performs the marriage ceremony is required by law to complete the
marriage license and return it to the County Recorder or County Clerk as applicable within
ten days of the date of marriage for registration (FC Sections 359(e) and 506(c)). "Every
person required to fill out a ... marriage license and register it with the local registrar, or
deliver it, upon request, to any person charged with the duty of registering it, and who fails,
neglects, or refuses to perform such duty in the manner required ... is guilty of a
misdemeanor." (H&SC Section 103785.)
COUNTY RECORDER
The County Recorder, under the direction of the State Registrar, is the local registrar of public
marriages, including declared and non-clergy marriages (H&SC Sections 102285 and
102295).
The local registrar is required to ensure that each marriage license is complete and
acceptable prior to registration. Once reviewed for proper completion, the local registrar
collects the marriage certificates accepted for registration and transmits them to the state
office not less than quarterly. Certificates may be transmitted at more frequent intervals by
arrangement with the State Registrar (H&SC Section 102355).
An important function of the County Recorder as the local registrar of marriages is to produce
an index of marriages registered in his/her jurisdiction (GC Section 27252).
3
H. MARRIAGE REGISTRATiON SYSTEM - CONTINUED
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH-VITAL RECORDS
The State Registrar (SR) is responsible for the statewide registration of marriages in
California (H&SC Section 102100). CDPH-VR, consisting of the Vital Records Registration
Branch and Vital Records Issuance and Preservation Branch, supports this SR function.
After receiving the registered certificates from the local registrar, the state office inspects
each certificate for completeness and accuracy of information; queries for missing or
inconsistent information; numbers the certificates; prepares indices; and retains the
certificates for permanent reference and safekeeping.
HOW TO SUBMIT MARRIAGE CERTIFICATES TO CDPH·VR
" Submit all marriage certificates with the fUll-page transmittal sheet (VS 106e).
Discontinue using the 3 x 5 transmittal cards.
.. License and Certificate of Declaration of Marriage certificates must be submitted
separately and on their own transmittal sheet. Do not mix with other current year
marriage certificates.
" Marriage certificates must be separated by event year and forwarded in batches of up
to 500 certificates with one transmittal sheet.
.. Do not staple the marriage certificates. Paper clip all amendments to the back of the
original marriage certificates.
.. Do not separate amendments from the original marriage certificates.
Ii> Keep the local registration number in sequence order.
.. Annotate on the transmittal report if a local registration number is missing.
.. Stains on marriage certificates will not be accepted. Torn certificates will be returned.
to Marriage certificates without all parties' signature will be returned.
.. The Local Registration District Number should be on all transmittal sheets.
to Ensure packaging is secure before forwarding certificates to CDPH-VR.
NATIONAL CENTER FOR HEALTH STATISTICS
Copies of certificates registered in state offices and data derived from these certificates are
transmitted to the National Center for Health Statistics (NCHS) 1 by those states that
participate in the marriage-registration area (MRA).2 Special statistical reports are prepared
for the United States as a whole, for the MRA, and for the component parts. The statistics
are essential in the fields of social welfare, public health, and demography. They are also
used for various administrative purposes, both in business and in government. NCHS
exercises leadership in establishing uniform practices for the continued improvement of the
marriage registration system in the United States.
The National Center for Health Statistics is vested with the authority of administering the vital statistics functions
at the federal level.
The MRA includes those states that maintain central marriage registration files and meet certain minimum
standards for completeness and accuracy of reporting.
4
II. MARRIAGE REGiSTRATION SYSTEM - CONTINUED
MARRIAGE LICENSE FORMS
The State Registrar prescribes and provides forms for the issuance of five types of marriage
licenses (FC Section 355 and H&SC Section 102200), as well as the Affidavit to Amend a
Marriage Record (VS 24C). The power of attorney form used for marriages entered into
pursuant to FC Section 420(b) is also prescribed by the State Registrar; however, each
county is responsible for maintaining the form in their office and distributing them to the pUblic
as needed.
.. The "License and Certificate of Marriage" (VS 117) is the standard public marriage
license (FC Section 359).
.. The "Confidential License and Certificate of Marriage" (VS 123) may be used by
those persons 18 years of age or older who have been living together as spouses
(FC Section 500).
'" The "License and Certificate of Marriage for Denominations Not Having Clergy"
(VS 115) is used by persons who, due to religious beliefs, are entering into a marriage
without the participation of a minister, priest, rabbi, lay leader, or other person authorized
to solemnize marriages (FC Section 307).
" The "License and Certificate of Declaration of Marriage" (VS 116) is used by those
persons who wish to declare an already existing licensed California marriage for which no
official record exists, and more than one year has passed since the date of the marriage
(FC Section 425).
.. The "Court Order Delayed Certificate of Marriage" (VS 122) is required under any of
the following situations:
1. When a marriage was performed without benefit of a license or the license was
expired (All County Letter (ACL) 98-09) and the couple are unwilling to sign and
acknowledge on the marriage license that they are not married and/or they do not
agree to participate in a second ceremony.
2. When the requirements of a License and Certificate of Declaration of Marriage (VS
116) cannotbe met because the marriage occurred less than one year ago, the couple
cannot provide two witnesses who were present at the ceremony; or there is only one
spouse available to apply.
3. To record a marriage which occurred in another state or country where the record no
longer exists, e.g., was destroyed or lost (H&SC Section 103450).
5
II. MARRIAGE REGISTRATION SYSTEM = CONTINUED
MARRIAGE LICENSE FORMS ~ CONTINUED
Affidavit to Amend a Marriage Record (VS 24C)
@ The "Affidavit to Amend a Marriage Record" (VS 24C) is used by those persons who
need to correct information erroneously listed on the original marriage certificate. Once
registered, the VS 24C becomes a part of the original record and is included as a
subsequent page to the original marriage certificate when certified copies are made
(H&SC Sections 102140 and 103255).
Power of Attorney for Military Marriages
. .
co The "Power of Attorney" form may only be used when a member'of the United States
Armed Forces is stationed overseas and serving in a conflict or a war and is unable to
personally appear for the licensure and SOlemnization of his/her marriage. The marriage
may be entered into by the appearance of an attorney-in-fact, commissioned and
empowered in writing for that purpose through a power of attorney. The original power of
attorney must be signed by the party stationed overseas and acknowledged by a notary
public or witnessed by two officers of the United States Armed Forces. The power of
attorney shall state the full given names at birth, or by court order, of the parties to be
married, and that the power of attorney is solely for the purpose of authorizing the
attorney-in-fact to obtain a marriage license on the person's behalf and participate in the
solemnization of the marriage. The original power of attorney shall be a part of the
marriage certificate upon registration and is included as a subsequent page to the original
marriage certificate when certified copies are issued (FC Section 420). Reference ACL
05-04.
The Power of Attorney for Military Marriages is located on page 69 of this handbook.
NOTE: A public marriage license is the only license that can be issued when an
application using the Power of Attorney form is submitted. A confidential or non-clergy
marriage license may not be issued using the' Power of Attorney form.
Electronically Generated Forms
$ Electronically generated forms: Prior to producing electronically generated marriage
forms, each county must first receive approval from CDPH-VR.
Those counties that have not received CDPH-VR approval to electronically generate
marriage forms must use the paper marriage forms CDPH-VR proVides to each County
Clerk.
6
III. SPECIFIC RESPONSIBILITiES
COUNTY CLERK
The County Clerk, or other local official legally authorized to issue marriage licenses, should
ensure the following steps are followed:
'" Determine which marriage license to issue, the VS 115, VS 116, VS 117, or VS 123.
.. Receive the application for a marriage license and review the application for
completeness, accuracy, and compliance with the marriage laws of the State of California.
OJ Identify the parties to the marriage as required in FC Section 354 and prepare the
marriage license.
G Collect the required fees.
e Obtain the necessary signatures and issue the marriage license.
e Provide the parties with the booklet entitled "Your Future Together" as required in
FC Section 358.
.. Provide the parties with a list of family planning and birth control clinics prepared by the
County Health Officer pursuant to H&SC Section 101050 and distributed to the couple
pursuant to GC Section 26808.
" Provide information to the parties to present to the marriage officiant along with the
marriage license (see Sample Letter to Marriage Officiant for Public Marriage License).
The County Clerk is also responsible for maintaining a permanent record of all confidential
marriages (FC Section 511). Therefore, after the ceremony the confidential marriage license
must be returned to the County Clerk for registration.
Prior to registering the confidential marriage license, the County Clerk should review the
license to ensure that the date and place of marriage and the marriage officiant information is
complete.
.. If the license is not acceptable, the couple and/or the person who performed the
ceremony should be contacted regarding the problem and how it may be corrected,
e.g., duplicate, declaration, or court order.
.. If the license is acceptable, assign a local registration number, sign in Item 29B and
register the marriage license.
7
HI. SPECIFIC RESPONSIBILITiES - CONTINUED
COUNTY CLERK - CONTINUED
Il) Maintain the original confidential marriage certificate as a permanent record, which shall
not be open to public inspection except upon court order (FC Section 511 (a)).
., Forward, not less than quarterly, copies of all confidential marriage certificates to the
State Registrar (FC Section 511 (d)).
.. If the confidential marriage license is lost, damaged or destroyed after the performance
of the ceremony and before registration, or it is deemed to be unacceptable for
registration by the County Clerk, the person solemnizing the marriage shall obtain a
duplicate marriage license by filing an affidavit setting forth the facts with the County
Clerk in the county where the license was issued (FC Section 510(a)).
.. The County Clerk may charge a fee to cover the actual costs of issuing a duplicate
marriage license (FC Section 510(c)).
.. The duplicate license may not be issued more than one year after issuance of the
original license and shall be returned by the person solemnizing the marriage to the
County Clerk within one year of the issuance date shown on the original marriage
license (Fe Section 510(b)).
8
ill. SPECIFIC RESPONSIBILITIES = CONTINUED
MARRIAGE OFFICIANT
The laws of the State of California do not require persons performing marriages to file
credentials with the State, County Clerk, or other governmental entity. (The State Registrar,
County Clerk, or County Recorder, do not have responsibility for verification of credentials.)
The state does not maintain a central registry of members of the clergy.
NOTE: Ships' captains have no authority to solemnize California marriages unless they fall
into one of the categories below.
In accordance with FC Section 400, persons authorized to solemnize marriages must be
18 years of age or older, and include any of the following:
.. Priest, minister, rabbi, or authorized person of any religious denomination authorized by
his/her denomination to solemnize marriages.
In California, it is the ordination or investment by the denomination that gives each clergy
member the authority to perform the marriage rite. FC Section 359 requires the person
solemnizing a marriage to endorse upon the license, the specific denomination that gives
hirn/her the authority to solemnize marriages.
NOTE: Out-of-state or out-of-country priests, ministers, or clergy persons may perform
marriages in California if they are ordained or invested by a denomination. Captains and
Majors of the Salvation Army are also permitted to perform marriages in California. Over
the years, Native American religions have been recognized as a "denomination." A
religious leader, Shaman, and/or Medicine Man is authorized to perform marriages.
.. Legislator or constitutional officer of this state, or a Member of Congress who represents
a district within this state, while holding office; elected members of the California
Assembly or Senate; a member of Congress (California Representative); Governor;
Lieutenant Governor; Attorney General; Controller; Insurance Commissioner; Secretary of
State; Superintendent of Public Instruction; Treasurer; and Members of the State Board of
Equalization. . .'
" Commissioner or retired commissioner of civil marriages. Deputy Commissioners are
authorized to perform marriages (FC Section 401), and may do so in any California
county (ACL 97-08).
.. Judge or retired judge of a California State court; commissioner, retired commissioner, or
assistant commissioner of a court of record of this state.
NOTE: State Bar court judges, judges from other state court systems, and judges pro
tem are not eligible to perform marriages in California.
9
HI. SPECIFIC RESPONSIBILITIES - CONTINUED
MARRIAGE OFFICIANT ~ CONTINUED
" Current federal judge or magistrate or federal judge or magistrate who has resigned from
office.
NOTE: Federal Administrative Law Judges are not eligible to perform marriages in
California.
<) U.S. Supreme Court Justice; judge or retired judge of a court of appeals, district court, or
a court created by an act of congress; judge or retired judge of a bankruptcy court or tax
court; magistrate or retired magistrate.
.. A mayor of a city elected in accordance with Article 3 (commencing with Section 34900)
of Chapter 4 of Part 1 Of Division 2 of Title 4 of the Govemment Code, while that person
holds office. The mayor shall obtain and review from the county clerk all available
instructions for marriage solemnization before the mayor first solemnizes a marriage.
The local official issuing the license should provide information to the parties to present to the
marriage officiant along with the marriage license (see Sample Letter to Prospective Parties
for a Confidential Marriage License). The marriage officiant who performs the marriage
ceremony must:
.. Know the California laws regarding the performance of a marriage and the requirements
for officiants.
.. Check the validity of the marriage license.
.. Perform the wedding ceremony.
NOTE: No particular form for the ceremony is required for solemnization of the marriage,
but the parties shall declare in the physical presence of the person solemnizing the
marriage and necessary witnesses, that theyt?ke each other as spouses
(FC Section 420(a)).
'" Complete the officiant's portion of the marriage license by entering the date, city, and
county of the marriage, printed name of officiant, signature, title, and religious
denomination, if clergy member.
10
m. SPECIFIC RESPONSIBILITIES - CONTINUED
MARRIAGE OFFICIANT - CONTINUED
$ Obtain complete address(es), printed name(s) and signature(s) of witness(es) on the
marriage license, as required by law. The address of the witness may be a residence
address, business address, or a United States (U.S.) Post Office (P.O.) Box
(FC Sections 351.5 and 351.6).
.. Return the completed original marriage license to the County Recorder in the county in
which the license was issued (at the address shown in Item 25G on the front of the
license), within ten days of the marriage ceremony (FC Section 423).
NOTE: Confidential marriage licenses are to be returned to the County Clerk for
registration.
Gil Cooperate with local or state officials by replying promptly to their queries concerning any
entry on the marriage license.
11
Ill. SPECIFIC RESPONSIBILITIES - CONTINUED
COUNTY RECORDER
~ Upon return of a public, non-clergy, or declared marriage license, check for complete
entries.
.. If the license is not acceptable for registration, contact the couple and/or the person who
performed the ceremony. Inform them of the problem and how it may be corrected,
e.g., amendrnent, duplicate, declaration, or court order.
.. If the license is acceptable for registration, assign a local registration number, sign and
register the rnarriage license.
.. Forw.ard not less than quarterly all original marriage certificates accepted for registration
to CDPH-VR (H&SC Section 102355). Retain a copy of the original document for local
records.
.. Cooperate with the State Registrar by replying promptly to any queries concerning any
entry on the forms.
.. Sixty-Day Letters - At periodic intervals, the County Clerk shall transmit to the County
Recorder's Office a list or copy of public marriage licenses issued. Not later than 60 days
after the date of issuance, the County Recorder shall notify license holders whose
marriage license has not been returned of that fact and remind them that the marriage
license will automatically expire on the date shown on its face. The County Recorder
shall also notify license holders of the obligation of the person solemnizing their marriage
to return the license to the Recorder's Office within ten days after the ceremony
(FC Section 357). A sample letter is on page 67 of this handbook. The list or copy may
then be destroyed.
12
Ill. SPECIFIC RESPONSIBILITIES - CONTINUED
STATE REGISTRAR
" Query incomplete or inconsistent information.
" Maintain files for permanent reference.
" Develop statistics for use in planning, evaluating, administering state and local use, and
research studies.
.. Compile California statistics for use by the health department and other agencies and
groups interested in the fields of medical science, public health, demography, and social
welfare.
.. Send copies of records or data derived from the records to the National Center for Health
Statistics.
.. Maintain marriage license sold tables. Information can be obtained at the following site:
http://www.cdph.ca.gov/data/statistics/Pages/OH1RMarriageData.aspx.
NATIONAL CENTER FOR HEALTH STATISTICS
.. Prepare and publish national statistics of marriages and divorces.
.. Conduct health and social research studies based on marriage records and on surveys
linked to records.
" Conduct research and methodological studies in marriage and divorce statistical methods
including the technical, administrative, and legal aspects of marriage record registration
and administration.
.. Maintain a continuing technical assistance program to in:'prove the quality and usefulness
of marriage statistics.
13
IV. CALIFORNIA MARRIAGE REQUIREMENTS
PURCHASING A MARRIAGE LICENSE
Applicants for a marriage license must be unmarried (FC Section 301). A marriage license
shall not be issued if:
a. The parties are already married to each other or anyone else, unless they have a
judgment of dissolution or annulment.
NOTE: Regardless of where the parties are married, they remain married until the
marriage is ended by death, judgment of dissolution, or judgment of nullity
(FC Section 310).
b. The parties' dissolution is not yet final, even if it will be final before the wedding date
(FC Section 2340).
NOTE: Previously married parties are still married until the final date of dissolution;
specifically, they are free to marry at 12:01 a.m. on the final date shown on the
judgment face sheet. Therefore, a marriage license cannot be issued until on or after
that date.
c. The parties are married and plan to repeat their vows.
d. The parties were married outside of California (FC Section 308).
NOTE: If there is a question whether a marriage is valid or legal, the superior court
has jurisdiction over all proceedings pursuant to FC Section 200.
The applicants for a marriage license must be at least 18 years of age to marry in California
(Fe Section 301).
a. Persons under the age of 18 years must file the written COnsent of their parent(s) or
legal guardian with the clerk of the court and apply to the clerk of the court for judicial
approval to marry (FC Section 302). If there is no parent capable of consenting,· the
court may act in both capacities and make an order consenting to the issuance of a
marriage license and granting permission for the minor to marry (FC Section 303). In
all instances, a certified copy of the court order granting permission to marry must be
presented to the County Clerk at the time the marriage license is issued. There is no
legal requirement that the County Clerk retain the certified copy of the court order.
b. Minors may not be issued a confidential marriage license under any circumstances
(FC Section 500).
c. If the applicant is in a State Registered Domestic Partnership (SRDP) he/she may
not enter into a marriage with someone other than their registered domestic partner
unless the most recent domestic partnership has been terminated or a final
judgment of dissolution or nullity has been entered, or the domestic partnership
terminated due to death of one of the domestic partners (FC Section 298.S(c)).
14
IV. CALIFORNIA MARRIAGE REQUIREMENTS = CONTINUED
PURCHASING A MARRIAGE LICENSE ~ CONTINUED
All persons to be married must purchase a license (FC Section 359). A license may not be
issued if either of the applicants lacks the capacity to enter into a valid marriage, or when
either of the parties is under the influence of an intoxicating liquor or narcotic drug at the time
of application (FC Section 352).
If the parties' last names are the same, an inquiry must be made to determine any
relationship.
NOTE: California statutes do not prohibit first cousins from marrying (FC Section 2200 and
ACL 91-31).
All items on California marriage licenses must be completed (H&SC Sections 102130,
103775, and 103780). Refusal orfailure to provide complete information will result in a
license not being issued.
If all of the licensing requirements have been met, a marriage license is issued immediately
and expires 90 days after the date of issuance as shown in Item 258 on the marriage license.
The public marriage license can be used anywhere within California - except at sea, but
must be registered in the county in which it was issued.
The Confidential License and Certificate of Marriage must be used and registered in the
county in which it was issued (FC Section 504).
NOTE: Civil Code Section 4213(b) (the predecessor of FC Section 504) was amended by
Chapter 149 of the Statutes of 1984 to include the requirement that the confidential license
may only be used in the county in which it was issued. Prior to 1985, the law was silent as to
where a confidential marriage license could be used; therefore, until that time, it is possible a
confidential license was issued in one county and used in another.
There are no state residency requirements to obtain a marriage license in California.
Therefore, if all other marriage license requirements are met, a license may be issued
regardless of the parties' current residence, e.g., county, state, or country.
NOTE: The License and Certificate of Declaration of Marriage must be purchased in the
county of residence (FC Section 425).
"Proxy" marriages are not legally valid in California. With the exception of a marriage
performed pursuant to FC Section 420(b), the parties must declare in the physical presence
of the person solemnizing the marriage and necessary witness(es) that they take each other
as spouses (FC Section 420).
15
IV. CAUFORNIA MARRIAGE REQUIREMENTS - CONTINUED
PURCHASING A MARRIAGE LICENSE - CONTINUED
There is no age restriction for witnesses who sign the marriage certificate (Evidence Code
Section 700). However, CDPH-VR recommends that witnesses be old enough to understand
they are witnessing a marriage, and be able to sign their names as witnesses on the
marriage license.
16
IV. CAliFORNIA MARRIAGE REQUIREMENTS = CONTINUED
APPEARANCE AND IDENTIFICATION
Except as provided in FC Sections 420(b), 426, or 502, both parties must appear in person
together at the County Clerk's Office with appropriate identification, including proof of age
(FC Section 359).
NOTE: If the marriage is to be entered into pursuant to FC Section 420(b), Power of
Attorney - Consent, the attorney-in-fact must personally appear at the County Clerk's Office
with the party who is not stationed overseas, and present the original power of attorney
(faxed copies are not acceptable) duly signed by the party stationed overseas and
acknowledged by a notary public or witnessed by two officers of the United States Armed
Forces. The power of attorney form shall state the full given names at birth, or by court
order, of the parties to be married, and that the power of attorney is solely for the purpose of
authorizing the to obtain a marriage license'on the person's behalf and
participate in the solemnization of the marriage. The original power of attorney shall be a
part of the marriage certificate upon registration (FC Section 420(b)). The Power of Attorney
for Military Marriage form is located on page 69 of this handbook.
PROCEDURE WHEN EITHER APPLICANT CANNOT PHYSICALLY APPEAR IN PERSON
TO APPLY FOR A MARRIAGE LICENSE
If, for acceptable reason, either or both of the parties to be married are physically unable to
appear in person before the County Clerk, a marriage license may be issued by the County
Clerk to the person solemnizing the marriage.
NOTE: Acceptable reason includes proof of hospitalization, incarceration, or any other
reason proved to the satisfaction of the County Clerk (FC Section 426(d) or 502).
A marriage license may be issued by the County Clerk to the person solemnizing the
marriage if the following requirements are met:
a. The person solemnizing the marriage physically presents an affidavit to the County
Clerk explaining the reason for the inability to appear.
b. The affidavit is signed under penalty of perjury by the person solemnizing the marriage
and by both parties.
c. The signature of any party to be married who is unable to appear in person before the
County Clerk is authenticated by a notary public or a court prior to the County Clerk
issuing the marriage license.
After payment of the required fees, the County Clerk will issue the marriage license to the
person solemnizing the marriage. The person solemnizing the marriage shall obtain the
signature of the party(ies) who is/are unable to physically appear.
The Affidavit of Inability to Appear form is located on page 70 of this handbook.
17
[v. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUED
REQUIRED IDENTIFICATION
Both parties to the marriage must present authentic photo identification acceptable to the
County Clerk as to their name and date of birth (FC Section 354). If the marriage is to be
entered into pursuant to FC Section 420(b), the attorney-in-fact is required to present
authentic photo identification acceptable to the County Clerk.
AUTHENTIC IDENTIFICATION IS DEFINED AS: Genuine, not false or copied, real, having
the origin supported by unquestionable evidence, verified. The following forms of
identification are examples of documents which will generally meet both the photo and birth
date requirement:
Photograph and Birth Date:
.. Driver's License.
II> State Identification Card.
NOTE: In California, this card is issued by the Department of Motor Vehicles.
Identification cards issued by other states may be issued by an agency or
department other than their Department of Motor Vehicles.
.. Military Service or Military Dependent Identification Card.
to Naturalization Certificate.
$ Passport.
<l> Alien Registration Card (Form 1-551).
NOTE: Form 1-551 was previously referred to as a "Green Card."
.. Identification Card issued by the U.S. Government or another country.
If a form of identification which includes both a photograph and birth date is not available, the
use of two other identification documents may be necessary to prove identity and age (one
with a photograph and one with a birth date). Some examples of these types of documents
are:
Photograph:
• School Identification Card.
Employee Identification Card.
18
IV. CALIFORNIA MARRIAGE REQUIREMENTS = CONTINUED
REQUIRED IDENTIFICATION - CONTINUED
Birth Date:
.. Certified Copy of a Birth Certificate.
" Baptismal Certificate.
</> Adoption Records.
19
IV. CAUFORNIA MARRIAGE REQUIREMENTS - CONTINUED
CREDIBLE WITNESS AFFIDAVIT
When the marriage applicant h a ~ no appropriate identification, a credible witness affidavit
or affidavits may be used in lieu of authentic photo identification (FC Section 354(a)). The
credible witness must be of legal age (at least 18 years old), of sound mind, and must know
the person. It is up to the County Clerk's discretion whether a credible witness affidavit is
acceptable. The County Clerk may take into consideration how long the person has known
the applicant. The credible witness must appear in person at the County Clerk's Office with
the applicant at the time the marriage license is issued.
The lists of acceptable identification documents that were previously provided are not
all-inclusive. Other forms of acceptable identification may be presented. Conversely,
presentation of some of the previous forms of identification does not guarantee proofof
identity and/or age since the documents may be fraudulent (altered) or may have been·
obtained with other false documentation. The decision as to whether or not to accept the
identification presented is ultimately the County Clerk's responsibility, since he/she must be
satisfied as to the accuracy of the facts stated prior to issuance of a license to marry.
Therefore, if the County Clerk is not satisfied with the identification presented, he/she has
the authority to deny the issuance of a marriage license until the party(ies) is/are able to
present authentic identification that meets the legal requirements and is satisfactory to the
County Clerk.
All names on vital statistics documents must be the full, legal name, i.e., name acquired by
birth, adoption, court-ordered name change, or by naturalization. If the County Clerk is not
satisfied that the form of identification presented includes the full, legal name, other proof of
identity, such as a court-ordered name change document, may be required.
NOTE: Any identification presented in a language other than English may need to be
independently verified.
20
IV. CALIFORNIA MARRiAGE REQUIREMENTS ~ CONTINUED
MARRIAGE LICENSE APPliCATION
The parties to the marriage must complete an application for marriage license. A sample
application form is on page 72 of this handbook.
NOTE: A notary authorized to issue confidential marriage licenses should also have the
parties to the marriage complete an application for marriage license. The parties should sign
the application in front of the notary who should retain it for possible review by the County
Clerk.
The identification of each party should be verified to confirm that both parties are 18 years of
age or older. If either applicant is under 18 years of age, the couple should be referred to the
clerk of the court for the process of obtaining a court order granting permission for the
underage person(s) to be married. Once court approval has been obtained, the couple shall
present a certified copy of the court order to the County Clerk at the time the marriage license
is issued (FC Section 302).
There is no statutory requirement that the County Clerk retain a copy of the court order.
Emancipated minors are not exempt from the above requirements; however, when a minor
has no parent/guardian capable of consenting, FC Section 303 provides that the court order
may include both consent and the authorization for the issuance of a marriage license.
NOTE: The Emancipation of Minors Act allows emancipated minors to enter into contracts
generally. However, marriage contracts differ from other contractual relations in that the FC
requires parental and court consent. California law (58 Cal.Jur.3d, Statutes, Section 109)
provides that a specific statute dealing expressly with a particular subject takes control and
precedence over a conflicting general statute on the same subject.
Type the license from the marriage license application information, entering all of the parties'
personal data. Do not leave any of the required boxes blank.
Present the completed license to the applicants for verification of information. If any errors,
correct and reprint.
No alterations, erasures, strike overs, whiteouts, or other types of alterations can be made on
the form (H&SC 102140). The license and certificate of marriage is a legal document, which
must be able to hold up in court, uncharIenged as to its accuracy and reliability.
NOTE: Failure to follow the above instructions will result in delay in the registration of the
certificate, and possibly an additional charge for a duplicate license.
21
IV. CALIFORNIA MARRIAGE REQUIREMENTS = CONTINUED
MARRIAGE LICENSE APPLICATION - CONTiNUED
Applicants acknowledge the facts in the Affidavit Section on the license and sign the
marriage license using their normal customary signature. For marriages that are entered
into pursuant to FC Section 420 (b), the attorney-in-fact (AIF) must sign the marriage license
on behalf of the party who is overseas. For example, John or Jane Smith, by: Joseph
Brown, AIF. Only the public marriage license (VS 117) may be issued using the power of
attorney.
The Deputy County Clerk signs the original as the issuing authority.
Give verbal instructions that the license must be used within 90 days of issuance and that the
public marriage license must be returned to the Recorder's Office by the person solemnizing
the marriage within ten days of the marriage. Sample letters to the parties are located on
pages 76 and 78 of this handbook.
Provide the license to the couple along with the instructions for the person solemnizing the
marriage. Advise the couple that the license is to be given to the person officiating at the
wedding ceremony.
22
IV. CALIFORNIA MARRIAGE REQUIREMENTS ~ CONTINUED
COMPLETING THE MARRIAGE LICENSE
Instructions for completing the public and confidential marriage licenses (VS 117, VS 115,
VS 116, and VS 123) apply to all licenses unless otherwise noted.
ll) Complete each item, following the specific instructions for each item.
.. Permanent ink must be used. Certificates must be photographically and micrographically
reproducible (H&SC Section 102130).
.. Entries must be alphabetical characters of the English language with appropriate
punctuation, s.uch as: "Smith-Jones" or "O'Hare," and may not contain diacritical marks
(California State Constitution, Article 3, Section 6).
.. A marriage license will not be accepted if it has been altered with strike overs, erasures,
correction tape orfluid, etc., (H&SC Section 102140).
.. All entries must remain within the item boxes and not on or across the lines.
'" Avoid abbreviations except those recommended in the specific item instructions.
.. No extraneous entries allowed, e.g., the name of translator for the marriage ceremony, or
other notations.
.. Upon registration, a power of attorney entered into pursuant to Fe Section 420(b) must be
filed with and become a part of the original marriage certificate. However, the power of
attorney form does not need to be indexed.
.. Because a power of attorney form may become lost or destroyed prior to the recording of
themarriage license, it is recommended that the County Clerk/Recorder retain the original
and provide a plain copy to the couple with the marriage license. If the power of attorney
does become lost or destroyed prior to the registration and recording, a new power of
attorney with original signatures must be obtained.
23
iV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUED
FIRST PERSON/SECOND PERSON DATA ITEMS
The personal data items for parties to the marriage are listed as they appear on the marriage
license.
GROOM/BRIDE BOXES (Optional)
The parties to the marriage may check the Groom and/or Bride boxes contained on the
marriage license. These boxes are optional and are not gender specific. Each applicant
should notify the County Clerk at the time they apply for their marriage license how they
would like to be identified. If the applicant does not wish to check a box, the box should
remain blank. These boxes may not be amended.
1Af12A:
1B/12B:
1C/12C:
1D/120:
FIRST NAME
Enter the first name. No nicknames or abbreviations.
NOTE: If the individual has only one legal name, e.g., Cher, enter a dash in the
first and middle name fields and the name in the current last name field.
MIDDLE
Enter the middle name. No initials unless the initial is the complete middle
name. No abbreviations. If no middle name, enter a single dash. Do not enter
"NMI" or "NA" (not applicable).
CURRENT LAST
Enter the current last name. This name may be any name the party is currently
using, including a name from a previous marriage or step-parent's name. If the
individual has only one legal name, e.g., Cher, enter that name in this Item.
Reference page 73 of this handbook for additional information.
LAST NAME AT BIRTH (IF DIFFERENT THAN 1C/12C)
Enter the last name at birth if different than the name entered in Item 1C/12C.
Enter a single dash if the name is the same as listed in Item 1C/12C (Current
Last Name).
This field should contain the individual's last name by birth, adoption,
naturalization, or court-ordered name change.
Entries of Jr., Sr., II, etc., following the last name are acceptable. Hyphenated
names are acceptable. Roman numerals are also acceptable when used in
conjunction with a name consisting of alphabetic characters, e.g., George
Hamilton IV. Arabic numerals or Roman numerals alone, e.g., 4, IV, are not
acceptable.
24
IV. CALIFORNIA MARRIAGE REQUiREMENTS ~ CONTINUED
FIRST PERSON/SECOND PERSON DATA ITEMS - CONTINUED
More than one name may be entered in each of the name fields (Items 1A/12A
through 1C/12C), space permitting. However, multiple names in one name field
may not be stacked one above the other. Only one line may be utilized. If
additional space is required for multiple names, an Affidavit to Amend a
Marriage Record (VS 24C) will be required.
For names that are too long to fit inside the name field, enter as many
characters that will fit and then add the remaining characters with an Affidavit to
Amend a Marriage Record (VS 24C).
NOTE: An AKA (Also Known As) may not be included on any marriage
license. If the individual wants the record to reflect additional names, an
Affidavit to Amend a Marriage Record (VS 24C) is required.
2/13: DATE OF BIRTH - (MM/DD/CCVY)
Enter the applicant's month, day, and year of birth. Enter the date in numerals
only. Use two digits for the month, such as 01 for January. Use two digits for
the day, such as 09 for the ninth day of the month. Use four digits for the
century and year, such as 1990. Separate each element with a slash to make
the entry appear such as 01/09/1990. Do not use dashes to separate data
elements.
3/14: STATE/COUNTRY OF BIRTH
Enter the birthplace. Use the standard two-character state abbreviation. Spell
out or use an appropriate abbreviation for a foreign country (refer to page 80 of
this handbook). If it is known that the applicant was born in a foreign country or
on the high seas, but the name of the country is unknown, enter "Foreign, Unk."
If it is known that the applicant was born in the U.S.A., but the state is unknown,
enter "U.S.A., Unk." If no information is available, enter "Unknown."
4/15: NUMBER OF PREVIOUS MARRIAGES/SRDP
Enter a numeral to indicate the number of times the applicants have been
previously married or in a State Registered Domestic Partnership (SRDP). If
never married, a zero ("0") must be entered.
If the parties are currently in a SRDP with each other and are now applying for
a marriage license, they should enter zero (0), unless they were in a previous
SRDP or marriage with someone other than their current partner.
25
IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUED
FIRST PERSON/SECOND PERSON DATA ITEMS - CONTINUED
NOTE: The applicant may not enter into a marriage with someone other than
their registered domestic partner unless the most recent domestic partnership
has been terminated or a final judgment of dissolution or nullity has been
entered, or the domestic partnership terminated due to death of one of the
domestic partners (Fe Section 298.5(c)).
5A/16A:
5B/1.68:
LAST MARRIAGE/SRDP ENDED BY
Enter an "X" in the appropriate box: Death, Dissolution, Annulment, Terminated
SRDP, or N/A. If the applicant was not previously married, check N/A.
NOTE: If dissolution was final within the past 90 days, it is recommended that
you verify the date by having the applicant provide a copy of their final
judgment. The date of the final judgment must be prior to or on the same day
the license is issued. A divorce is considered final at 0001 hours (12:01 a.m.)
on the effective day.
If the parties are currently in a SRDP with each other and are now applying for
a marriage license, they should check the N/A box, unless they were in a
previous SRDP or marriage with someone other than their current partner.
DATE ENDED (MMfDD/CCYY)
Enter the month, day, and year the last marriage/SRDP ended (the final date of
the decree or the date of death of spouse). Enter the date in numerals only.
Use two digits for the month, such as 01 for January. Use two digits for the
day, such as 09 for the ninth day of the month. Use four digits for the century
and year, such as 2007. Separate each element with a slash to make the entry
appear such as 01/09/2007. Do not use dashes to separate data elements. A
month and year only may be entered, with dashes in the space where the day.
would have been entered, e.g., "01/--/2001," provided the month is prior to the·
current month but within the same calendar year. The year only may be
entered with dashes in the spaces where the month and day would have been
entered, e.g., "--/--/2007," if the marriage was terminated prior to the current
calendar year. However, if the previous marriage ended within the same
calendar month and year as the date on which this license is being issued, the
complete date (month, day, century, and year) must be entered. If the applicant
has never been married, enter a single dash ("-") for not applicable. If date is
unknown, estimate year.
26
IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUED
FIRST PERSON/SECOND PERSON DATA ITEMS - CONTINUED
6/17: ADDRESS
Enter the full street or rural address where the applicant usually resides. If the
place where the applicant usually resides has no number or street address,
enter a physical description of a location, e.g., "four miles south of Sutter
Creek." Applicants may use a business address, U.S. P.O. Box, or temporary
residence being used during a visit or while on vacation. If either of the
applicants provides one of these optional addresses, their signature on the
marriage license implies their intent to do so. For applicants in college or the
armed forces, enter the college or armed forces residence address. 00 NOT
ENTER "APO" OR "FPO." Reference FC Sections 351.5 and 351.6.
NOTE: If the applicant "lives" in an institution, e.g., prison, enter the address of
the individual's usual and customary permanent residence (e.g., the place
where he/she lived prior to being institutionalized). Institutions are not
considered permanent residences. Do not leave this Item blank.
7/18: CITY
Enter the name of the city corresponding to Items 6/17. If using a residence
address where the address is outside the city limits, enter the name of the town,
community, or nearest city within the county of residence. Do not leave this
Item blank.
8/19: STATE/COUNTRY
Enter the state corresponding to Items 7/18 (if outside the U.S., enter the
Country). Use the standard two-character state abbreviation (see Standard
State AbbreViations). Spell out or use an appropriate abbreviation for a foreign
country. Do not leave this Item blank.
9/20: ZIP CODE
Enter the five- or nine-digit U.S. ZIP Code of the applicant's residence location.
Enter a dash if the Zip Code is not in the U.S. The ZIP Code entry must be a
minimum of five digits with no punctuation, but an entry of nine digits is
acceptable. Do not leave this Item blank.
27
IV. CAliFORNIA MARRIAGE REQUIREMENTS ~ CONTiNUED
FIRST PERSON/SECOND PERSON DATA ITEMS - CONTINUED
iOAl21A:
10B/21B:
11A122A:
118/22B:
FULL BIRTH NAME OF FATHER/PARENT
Enter the full birth name of the applicant's father/parent. Entries of Jr., Sr., II,
etc., following the last name are acceptable. Hyphenated names are
acceptable and the name may be different than the applicant's. "Unknown" is
acceptable, if applicable. A dash is also acceptable for a father/parent's full
name if there is no father/parent listed on the applkant's birth certificate.
NOTE: Entries for parents' names are to reflect parents by birth or adoption.
Only if the step-parent legally adopted the individual is the step-parent's name
to be entered. The middle initial may be used when space provided is not
adequate for full name to be spelled out.
STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY)
Enter the birthplace of the applicant's father/parent. Use the standard two-
character state abbreviation. Spell out or use an appropriate abbreviation for a
foreign country (see Standard State Abbreviations). If it is known that the
father/parent was born on the high seas or in a foreign country, but the name of
the country is unknown, enter "Foreign, Unknown." If it is known that the
father/parent was born in the U.S.A., but the state is unknown, enter "U.S.A.,
Unknown." If no information is available, enter "Unknown."
FULL BIRTH NAME OF MOTHER/PARENT
Enter the full birth name of the applicant's mother/parent. This should be the
birth name, prior to any marriage, not a name acquired by marriage.
"Unknown" is an acceptable entry, if appropriate. Hyphenated names are
acceptable.
NOTE: Entries for parents' names are to reflect parent by birth or adoption.
Only if the step-parent legally adopted the individual is the step-parent's name
to be entered. The middle initial may be entered when space provided is not
adequate for full name to be spelled out.
STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY)
Enter the birthplace of the applicant's mother/parent. Use the standard two-
character state abbreviation. Spell out or use an appropriate abbreviation for a
foreign country (see Standard State Abbreviations). If it is known that the
mother/parent was born on the high seas or in a foreign country, but the name
of the country is unknown, enter "Foreign, Unknown." If it is known that the
mother/parent was born in the U.S.A., but the state is unknown, enter "U.S.A.,
Unknown." If no information is available, enter "Unknown."
28
iV. CALIFORNIA MARRIAGE REQUiREMENTS = CONTINUED
AFFIDAVIT
Both parties must declare under penalty of perjury that the facts of the marriage
license are true and correct, there is no legal objection to the marriage, and they
acknowledge receipt of the brochure as listed in Fe Section 358. Therefore, it is
important that they at least read the affidavit prior to signing the license. There is no
legal requirement that the couple raise their right hand and read aloud the statement,
however, some counties may require this.
23: SIGNATURE OF PERSON LISTED IN FIELDS 1A-1D
The person listed in fields 1A-1 D must sign his/her normal or usual signature in
Item 23 with permanent ink. Instruct the person to enter his/her "usual and
customary" signature, which may not necessarily agree with the legal name
entered in the name fields.
NOTE: The signature of the person listed in fields 1A-1D on the marriage
license also acknowledges receipt of the State Department of Public Health's
brochure "Your Future Together." It is no longer necessary for the couple to
sign a separate receipt for this brochure.
24: SIGNATURE OF PERSON LISTED IN FIELDS 12A-12D
The person listed in fields 12A-12D must sign his/her normal or usual signature
in Item 24 with permanent ink. Instruct the person to enter his/her "usual and
customary" signature, which may not necessarily agree with the legal name
entered in the name fields.
NOTE: The signature of the person listed in fields 12A-12D on the marriage
license also acknowledges receipt of the State Department of Public Health's
brochure "Your Future Together." It is no longer necessary for the couple to
sign a separate receipt of this brochure.
29
IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUED
AFFIDAVIT ~ CONTINUED
Signatures that are made with a mark (X): Any signature made with a mark
(X) must be identified with the statement, "His mark," or "Her mark," and
followed by the written signature of one person who witnessed the signing. The
official issuing the license may sign as the witness. The typed name of the
witness must be included (GC Section 16).
Example:
23. SIGNATURE OF PERSON LISTED IN FIELDS 1A-1D
» "X" "His/Her Mark" WITNESS: JOHN/JANE DOE S ~ V L U L t U V 0
Attorney-in-fact signatures: The attorney-in-fact must sign on behalf of the
party who is stationed overseas.
Example:
24. SIGNATURE OF PERSON LISTED IN FIELDS 12A-12D
» John or Jane Smith, by: Joseph Brown, A/F
30
IV. CALIFORNIA MARRIAGE REQUIREMENTS = CONTINUED
LICENSE TO MARRY
25A: ISSUE DATE - (MMfDDfCCYY)
The County Clerk or other local official legally authorized to issue marriage
licenses enters the month, day, and year that the marriage license is issued.
Enter the date in numerals only. Use two digits for the month, such as 01 for
January. Use two digits for the day, such as 09 for the ninth day of the month.
Use four digits for the century and year, such as 2008. Separate each element
with a slash to make the entry appear such as 01/09/2008. Do not use dashes
to separate data elements.
258: EXPIRES AFTER - (MMIDDfCCYY)
The date the marriage license expires should be entered in Item 258. The entry
should be in numerals only format. Use two digits for the month, such as 04 for
April. Use two digits for the day, such as 08 for the eight day of the month. Use
four digits for the century and year, such as 2008. Separate each element with
a slash to make the entry appear such as 04/08/2008. Do not use dashes to
separate data elements.
25C: NAME OF COUNTY CLERK
Enter the name of the County Clerk of the county where the license is issued.
250: SIGNATURE OF CLERK OR DEPUTY CLERK
The County Clerk or Deputy Clerk, whoever is issuing the marriage license,
must enter their name in this box. The signature may be an original signature,
facsimile stamp, or printed name. If the signature is not original, it must be
followed by the initials of the issuing clerk.
NOTE: The County Clerk shall not affix the county seal (stamped or imprinted)
to this document.
25E: MARRIAGE liCENSE NUMBER
Using the numbering system provided for in your county, enter the marriage
license number in this box. Assign a unique number to ensure that the same
number is not assigned to multiple licenses (Fe Section 357).
25F: COUNTY OF ISSUE
Enter the name of the county where the license is issued. Do not use
abbreviations or assigned county numbers in this field.
31
IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUED
LICENSE TO MARRY - CONTINUED
25G: RETURN COMPLETED MARRIAGE LICENSE TO (INCLUDE ADDRESS):
Enter the address of the County Recorder of the county where the license is
issued.
NOTE: For confidential licenses, insert the address of the County Clerk in this
box.
WITNESSES TO CEREMONY
26A-27C: There is no age restriction for witnesses (Evidence Code Section 700). The
witnesses to the ceremony should sign their full name, print their name, and
enter their address, city, state of residence, and ZIP Code. A U.S. P.O. Box
number or business address may be used to complete the address information.
If either of the witnesses provides a post office box number or business
address, their signature on the marriage license implies their intent to do so. At
least one witness is required to be present and sign the marriage license (FC
Section 359). Under no circumstances can more than two witnesses sign the
marriage license. When using a VS 117, a second witness is optional. If a
second witness is unavailable, enter dashes in Items 27 (A-C) on the VS 117.
NOTE: For Non-Clergy (VS 115) and Declared (VS 116) licenses, two
witnesses are required (see Marriage Ceremony).
CERTIFICATION OF PERSON SOLEMNIZING MARRIAGE
28A: DATE OF MARRIAGE (ITEM 27A ON THE CONFIDENTIAL LICENSE
(VS 123) MMIDD/CCYY)
The marriage officiant enters the month, day, and year of the ceremony in
Item 28A on the License and Certificate of Marriage (VS 117) and Item 27A on
the Confidential License and Certificate of Marriage (VS 123). This date must
be on or after the issue date shown in Item 25A, and not later than the
expiration date shown in Item 25B. While the preferred entry for dates is
MM/DD/CCYY, the certificate should not be rejected if completed using a
different date format.
288: CITYITOWN OF MARRIAGE - (ITEM 278 ON THE CONFIDENTIAL LICENSE
(VS 123))
The marriage officiant enters the name of the city (do not list the name of a
landmark, beach, etc.) where the event took place in Item 288 on the License
and Certificate of Marriage (VS 117) and Item 278 on the Confidential License
and Certificate of Marriage (VS 123).
32
IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUED
CERTIFICATION OF PERSON SOLEMNIZING MARRIAGE - CONTINUED
NOTE: This is a legal item that establishes whether the marriage was
performed within an authorized geographical area. It is also used for statistical
analysis of marriages by place of occurrence. Therefore, the entry of a
landmark, monument, beach, woods, park, historic site, etc., is not statistically
useful and must be avoided. Rather, when the ceremony is conducted at a
remote site, the officiant must enter the name of the city that would provide
postal service if there was a home or business located at that place. Do not
leave this item blank.
28C: COUNTY OF MARRIAGE - (ITEM 27C ON THE CONFIDENTIAL LICENSE
(VS 123))
The marriage officiant enters the name of the county where the event took
place in Item 28C on the License and Certificate of Marriage (VS 117) and Item
27C on the Confidential License and Certificate of Marriage (VS 123).
29A: SIGNATURE OF PERSON SOLEMNIZING MARRIAGE {ITEM 28A ON THE
CONFIDENTIAL LICENSE (VS 123))
The marriage officiant must sign his/her full name in Item 29A on the License
and Certificate of Marriage (VS 117) and Item 28A on the Confidential
License and Certificate of Marriage (VS 123).
NOTE: Only one entry is allowed in this item. Do not leave this item blank.
29B: RELIGIOUS DENOMINATION (IF CLERGY) (ITEM 288 ON THE
CONFIDENTIAL LICENSE (VS 123))
The marriage officiant must enter the denomination or the religious affiliation of
the priest, minister, or rabbi. If the officiant is a judge, magistrate,
commissioner of civil marriages, etc., enter a single dash (-) or "N/A." Only one
entry may be entered in this item.··
NOTE: "Nondenominational" and "Interdenominational" may be entered as
religious denominations. Therefore, when a marriage ceremony is performed
by a member of the clergy who presides over a Nondenominational or
Interdenominational church, an entry of "Nondenominational" or
"Interdenominational," or the abbreviated version, "Nondenom" or
"Interdenom," is appropriate.
29C: NAME OF PERSON SOLEMNIZING MARRIAGE (TYPE OR PRINT
CLEARLY) (ITEM 28C ON THE CONFIDENTIAL LICENSE (VS 123))
The printed, stamped, or typed name of the primary person performing the
ceremony is entered in this item.
33
IV. CALIFORNIA MARRIAGE REQUIREMENTS ~ CONTINUED
CERTIFiCATION OF PERSON SOLEMNIZING MARRIAGE ~ CONTINUED
NOTE: Only one name is to be entered in this item.
290: OFFICIAL TITLE (ITEM 280 ON THE CONFIDENTIAL LICENSE (VS 123))
The marriage officiant must enter his/her official title. This must be the title that
gives him/her authority to solemnize a marriage under California law. Do not
leave this item blank. (FC Sections 400-402.)
29E: ADDRESS, CITY, STATE/COUNTRY, AND ZIP CODE (ITEM 28E ON THE
CONFIDENTIAL LICENSE (VS 123})
The marriage officiant enters his/her complete mailing address, including city,
state, and ZIP Code.
NEW MIDDLE AND LAST NAME
(ITEM 29A-30C ON THE CONFIDENTIAL LICENSE (VS 123))
Either party to the marriage may elect to change the middle and/or last names
by which each party wishes to be known after solemnization of the marriage.
Each party to the marriage may adopt any of the following last narpes:
.. Current last name of the other spouse.
" Last name of either spouse given at birth.
'" A name combining into a single last name all or a segment of the
current last name or the last name of either spouse given at birth.
.. A hyphenated combination of last names.
Each party to the marriage may adopt any of the following middle names:
.. Current last name of either spouse.
.. The last name of either spouse given at birth.
.. A hyphenated combination of the current middle name and the
current last name of the person or spouse.
<l> A hyphenated combination of the current middle name and the last
name given at birth of the person or spouse.
A segment is a contiguous portion of the name; it is an identifiable match of a
portion of the current last name or the last name given at birth of either spouse.
The segment may not omit or add letters and the letters may not be changed
around to create an entirely different segment that does not match a portion of
the current last name or the last name given at birth of either spouse.
34
IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUED
CERTIFiCATION OF PERSON SOLEMNIZING MARRIAGE - CONTINUED
If the parties to the marriage do not select a new name, enter two dashes (--) in
each of the new name fields. The new name fields should not be left blank. In
addition, the parties are not permitted to enter dashes in the middle name field
if they have a current middle name. They also may not use their middle name
to make a segment name.
The parties to the marriage may not change their first names.
NOTE: These fields may not be amended unless it is a clerical error and the
amendment is signed by the county clerk or his or her deputy and one of the
parties to the marriage. If the marriage ceremony has not yet occurred, the
couple should be instructed to purchase a new license with the correct new
middle or last name(s). In addition, if the individual has only a first and middle
name, they may continue to use these names as their first and/or middle names
without a new last name.
35
IV. CAliFORNIA MARRIAGE REQUIREMENTS = CONTINUED
REVIEWING AND REGISTERING THE MARRIAGE LICENSE
30A-30C After the marriage is solemnized, the marriage officiant must return the public
marriage license to the County Recorder or County Clerk as applicable in the
county in which the license was issued, within ten days after the wedding
ceremony (FC Section 423).
NOTE: The certificate may be accepted for registration if submitted after the
required ten days. However, it must be registered within one year of the
issuance date shown on the original record (FC Section 360(b)). Licenses
received for registration after that date must be registered by either a License
and Certificate of Declaration of Marriage (VS 116) issued in the county where
the parties reside (FC Section 425) or by Court Order Delayed Certificate of
Marriage (VS 122).
Upon receiving the license from the marriage officiant as authorized by
FC Sections 400-402, the County Recorder shall ensure that the license is
complete and is in compliance with California marriage laws prior to registering
the license.
NOTE: A marriage license will not be accepted for registration if it has been
altered with strikeovers, correction fluid, correction tape, erasures, etc.
(Reference H&SC Section 102140.)
All entries must be contained within the item boxes and may not cross over into
adjacent fields.
Only marriages licensed and solemnized in California may be registered. A
ceremony performed in Las Vegas, Paris, Guadalajara, or international waters,
etc., is not a California event and cannot be registered (GC Section 170).
The marriage license must have been issued in the same county in which it is
being registered. Marriage licenses received for registration that were issued
by another county .should be forwarded to the County Recorder in the
appropriate county for registration.
NOTE: Confidential marriages are registered by the County Clerk. If the
confidential marriage took place outside of the county of issuance, a License
and Certificate of Declaration of Marriage (VS 116) may be used to record the
marriage if there were witnesses present who can attest to the fact of the
marriage being declared; however, the License and Certificate of Declaration of
Marriage (VS 116) may not be issued until one year or more after the date of
the marriage (FC Section 425).
36
IV. CALIFORNiA MARRIAGE REQUIREMENTS - CONTiNUED
REVIEWING AND REGISTERING THE MARRIAGE liCENSE - CONTINUED
Review the date of the marriage to confirm the ceremony was performed on or
after the issuance date, and on or before the expiration date shown on the
marriage license. If the ceremony was performed before the issuance date
(Item 25A), or after the expiration date (Item 258) shown on the license, reject
the license and return it to the marriage officiant stating the reason(s) for
rejection. However, if a wrong date was entered inadvertently, but was within
the 90 days from the date of issuance, the error can be corrected with an
amendment.
NOTE: An amendment to correct the date of marriage must be signed by the
officiant and one other person with personal knciwledgeof the facts.
Review the county of issue to assure that the ceremony was performed in the
appropriate jurisdiction. A public marriage license may be used in any
California county; however, a confidential license may be used only in the
county of issuance.
The signatures of the parties to the marriage must be present in Items 23 and
24. However, if the license is a duplicate, the signatures of the parties and
witness(es) may be typed in the applicable boxes with "IS/"followed by the
name of each party or witness as applicable.
The signature and address of at least one witness is required; however, no
more than two witnesses may sign (FC Section 422).
NOTE: No witnesses are required or allowed on a Confidential License and
Certificate of Marriage (VS 123).
The signature of the marriage officiant, the name of his/her religious
denomination (if applicable), and his/her official title must be entered legibly.
If the license is not acceptable, it may not be registered. Return the document
to the marriage officiant with instructions on how to correct the certificate by
completing missing information or by purchasing a duplicate marriage certificate
if necessary.
NOTE: If any items are altered, crossed out, contain white out, etc.; the
marriage officiant must apply for a duplicate license with the County Clerk in the
county where the license was issued (FC Section 360). The duplicate marriage
license may not be issued later than one year after issuance of the original
license and shall be returned by the person solemnizing the marriage to the
County Recorder within one year of the issuance date shown on the original
marriage license (FC Section 360(b)).
37
IV. CALIFORNIA MARRIAGE REQUIREMENTS ~ CONTINUED
REVIEWING AND REGISTERING THE MARRIAGE LICENSE - CONTINUED
If the marriage officiant or others involved cannot be located, retain the
unregistered license for a minimum period of one year from the date of issuance
in case one of the parties makes inquiry and the documents can then be
properly completed or a duplicate marriage license can be purchased. If more
than one year has passed, the marriage may only be registered by a License
and Certificate of Declaration of Marriage (VS 116), or a Court Order Delayed
Certificate of Marriage (VS 122).
If the marriage license is acceptable, register the license by completing
Items 30A-30C on the License and Certificate of Marriage (VS 117), Items
32A-32C on the License and Certificate of Marriage for Denominations Not
Having Clergy (VS 115) and License and Certificate of Declaration of Marriage
(VS 116), or Items 31A-31C on the Confidential License and Certificate of
Marriage (VS 123), and sequentially number the certificate with the local
registration number as shown in the instructions below. The date of
registration should be entered as MMIDD/CCYY.
NOTE: The document is a marriage license until it has been registered, at
which time it becomes a marriage certificate (FC Sections 300 (b) and 500.5).
Retain a copy of the certificate in the Recorder's Office, and forward the original
certificates to the State Registrar on a quarterly basis (H&SC Section 103255).
Copies of confidential marriage certificates are transmitted to the State
Registrar at least quarterly as required by Fe Section 511.
The application for a marriage license can be shredded. For those offices that
are not combined County Clerk/Recorder, the license application may be
retained and destroyed by the County Clerk one year after the issuance of the
original license.
If a certified copy of the certificate is requested, collect the required fee, make
the certified copy, and provide it to the applicant.
38
IV. CAUFORNIA MARRIAGE REQUIREMENTS ~ CONTINUED
liCENSE AND CERTIFICATE OF DECLARATION OF MARRIAGE (VS 116)
CERTIFICATION OF MARRIAGE
26A- 28 The spouses must complete the certification portion.
WITNESSES TO THE MARRIAGE (TWO REQUIRED)
29A-30C There is no age restriction for witnesses (Evidence Code Section 700). The
witnesses to the ceremony should sign their full name, print their name, and
entertheir address, city, state of residence, and Zip Code. A U.S. P.O. Box
number or business address may be used to complete the address information.
If either of the witnesses provides a P.O. Box number or business address,
their signature on the marriage license implies their intent to do so.
NOTE: For the License and Certificate of Marriage for Denominations Not
Having Clergy (VS 115) and License and Certificate of Declaration of Marriage
(VS 116), two witnesses are required. For the License and Certificate of
Marriage (VS 117), at least one witness is required to be present and sign the
marriage license. Under no circumstances can more than two witnesses sign
the marriage license. If a second witness is unavailable, enter dashes in Items
27 (A-C) on the VS 117 (FC Section 359).
39
IV. CAliFORNIA MARRIAGE REQUIREMENTS ~ . CONTINUED
LICENSE AND CERTIFICATE OF MARRIAGE FOR DENOMINATIONS NOT HAVING
CLERY (VS 115)
DECLARATION
26A-28 The spouses must complete the certification portion.
WITNESSES TO THE MARRIAGE (TWO REQUIRED)
There is no age restriction for witnesses (Evidence Code Section 700). The
witnesses to the ceremony should sign their full name, print their name, and
enter their address, city, state of residence, and ZIP Code. A U.S. P.O. Box
number or business address may be used to complete the address information.
If either of the witnesses provides a P.O. Box number or business address,
their signature on the marriage license implies their intent to do so.
NOTE: For the License and Certificate of Marriage for Denominations Not
Having Clergy (VS 115) and License and Certificate of Declaration of Marriage
(VS 116), two witnesses are required. For the License and Certificate of
Marriage (VS 117), at least one witness is required to be present and sign the
marriage license. Under no circumstances can more than two witnesses sign
the marriage license. If a second witness is unavailable, enter dashes in !tems
27 (A-C) on the VS 117 (FC Section 359).
40
IV. CAliFORNIA MARRIAGE REQUIREMENTS - CONTINUED
CONFIDENTIAL LICENSE AND CERTIFICATE OF MARRIAGE (VS 123) -IF LICENSE IS
ISSUED BY NOTARY PUBLIC
The County Clerk completes Items 25A - 25G and 26E at the time the
confidential marriage license is issued to an authorized notary.
At the time the parties apply for the marriage license, the issuing authorized
notary completes the personal data on the confidential marriage license and
Items 26A, 26B, and 260.
Both parties must review the information for completeness and sign. The
notary then affixes their notary seal in Item 26C.
When the license is returned for registration, the typed name in Item 26E
should be compared with the notary's signature in Item 26D to ensure the
signature reflects the same name. Licenses are not transferable between
notaries.
The date entered in Item 25A must either precede or be the same as the
ceremony date entered in Item 27A. Enter the date in numerals only. Use two
digits for the month, such as 01 for January. Use two digits for the day, such as
09 for the ninth day of the month. Use four digits for the century and year, such
as 2008. Separate each element with a slash to make the entry appear such
as 01/09/2008. Do not use dashes to separate date elements.
NOTE: The County Clerk shall not affix the county seal (stamped or
impressed) to this document.
CERTIFICATION OF PERSON SOLEMNIZING MARRIAGE ON THE CONFIDENTIAL
LICENSE (VS 123)
27A-28E After the ceremony, the marriage officiant must complete the certification
portion of the marriage license and return it to the County Clerk within ten days
of the ceremony (FC Section 423).
41
IV. CAUFORNIA MARRIAGE REQUIREMENTS ~ CONTINUED
MARRIAGE CEREMONY
The person solemnizing the marriage must require the couple to present their marriage
license prior to solemnizing of the marriage. If the marriage officiant has reason to doubt the
correctness of the statement of facts on the marriage license, the person must not solemnize
the marriage. The marriage officiant must be satisfied as to the correctness of the statement
of facts before solemnizing the marriage. For this purpose, the officiant may administer
oaths and examine the parties and witnesses in the same manner as the County Clerk does
before issuing the marriage license (FC Section 421).
NOTE: Any person who solemnizes a marriage without first reviewing the marriage license is
guilty of a misdemeanor (Penal Code Section 360).
A public marriage (VS 117) in California requires a minimum of four people: Two unmarried
persons, a person solemnizing the marriage, and at least one witness (FC Section 420 and
H&SC Section 103175).
A declaration of marriage (VS 116) requires the signature of both the spouses, and two
witnesses to the marriage being declared.
A non-clergy marriage (VS 115) requires two unmarried persons, and two witnesses
(FC Section 307 and H&SC Section 103180).
A confidential marriage (VS 123) requires two unmarried persons, a person solemnizing the
marriage, and no witnesses (FC Section 506).
For marriages entered into pursuant to FC Section 420 (b), the attorney-in-fact must
participate in both the issuance of the marriage license and the solemnization of the
marriage.
42
IV. CALIFORNiA MARRIAGE REQUIREMENTS - CONTINUED
NUMBERING THE CERTIFICATE
State File Number - This space is reserved for use by CDPH-VR only.
Local Registration Number - This space is reserved for the County Recorder to enter the
registration number as required by law. The County Clerk will enter the registration number
on confidential marriage certificates. H&SC Section 102325 requires marriage certificates to
be numbered consecutively with the number one for the first event occurring, or the first
event registered in each calendar year. However, CDPH-VR prefers that the numbers begin
each January with "000001" for the first ceremony occurring in each calendar year.
NOTE: Regardless of the numbering method chosen, all certificates must be batched
separately by year of event when transmitting to CDPH-VR.
Thirteen-Digit Numbering System
II> Enter a 13-digit certificate number (no alpha entries allowed), which indicates the
event type, century and year of the event, district of occurrence, and 6-digit
consecutive serial number.
.. Enter "4" for public marriage events or "5" for confidential marriages.
.. Enter four digits for the century and year of the event or last two digits for the year of
the event.
Enter the standard two-digit numeric code assigned to each district.
Enter the six-digit consecutive number of the marriage. The first certificate for the year
is numbered 000001 and each succeeding document receives the next number.
Do not enter book and page numbers on the original marriage certificate form.
43
IV. CALIFORNIA MARRIAGE REQUIREMENTS ~ CONTINUED
THIRTEEN-DIGIT CERTIFICATE NUMBERING SYSTEM
The format for a 13-digit number indicates event type, event year and century, county of
occurrence, and a consecutive serial number:
4 - 2009 - 34 - 000001
j 1
1~ Serial number
Numeric County Code
Year and Century of Event (four digits)
Event Type Code
Event Type Code (one digit): Type of event recorded on the certificate.
1 -- Live SiIih
2 -- Fetal Death
3 -- Death
4 -- Public Marriage/Declared Marriage/Non-clergy Marriage
5 -- Confidential Marriage
Event Year and Century of Event (four digits): Century and year in which the event
occurred or was registered
County of Occurrence Code (two digits): Standard numeric code applied to each county
alphabetically. This code will reflect the county that
is accepting the certificate:
Example: 01 - Alameda
02- Alpine
03 -Amador
>
58 - Yuba
Serial Number (6 digits):
(Refer to page 79 of this handbook for a complete listing.)
The six-digit number is the sequential number now
used by local registration offices. The first certificate
registered, OR the first event occurring, in the new
calendar year is numbered 000001 and each
succeeding document receives the next number.
NOTE: Numbering the certificate may be based on either the year that the event occurs or
the year of registration (H&SC Section 102325). However, marriage certificates must be
separated by year of event with separate transmittal sheets when forwarding to CDPH-VR.
44
V. LICENSE AND CERTIFICATE OF CONFIDENTIAL MARRIAGE
(VS 123)
General Information/Requirements
The policy of permitting unmarried persons, living together as spouses, to marry without a
license was authorized by statute in 1877-78. This law provided that the couple could be
married by any clergyman and that a record of the marriage was to be maintained in the
records of the church of which the clergyman was a representative. The purpose was to
shield the parties and their children from publicity, and to encourage legalization of the
relationship. At that time, children born out of wedlock were prohibited from inheriting, which
was one of the concerns leading to the 1878 code.
These rnarriages were called "church marriages" because the record was filed only with the
church. A couple was unable to obtain a certified copy from a governmental agency and, if
the record in the church was lost, it could not be replaced.
Frorn 1878 to 1970, the statutory requirements remained unchanged. As the State had no
role in the system, we do not know how many "church marriages" occurred. However,
beginning in 1970, a series of legislative changes have been directed toward making the
requirernents of confidential marriages closer to those of public marriages.
The necessary information for preparation of the Confidential License and Certificate of
Marriage (VS 123) is obtained by the County Clerk or local official from the prospective
spouses. A confidential marriage is not available to members of religious denominations not
having clergy, because it requires an officiant's signature unless a civil ceremony is
performed.
Confidential Marriage License Laws
The confidential marriage license may be used only when the applicants are 18 years of age
or over and have been living together as spouses.
Confidential marriage licenses may only be used in the county of issuance. If the confidential
marriage license is used in a county other than the county of issuance, the couple should be
given the following options: 1) wait one year until after the original date of the event and
purchase a License and Certificate of Declaration of Marriage (VS 116); or 2) petition the
court for a Court Ordered Delayed Certificate of Marriage (VS 122) (reference ACL 05-15.)
Both public and confidential marriage licenses may be amended pursuant to H&SC
Sections 103225-103255.
A confidential marriage ceremony in California requires a minimum of three people:
~ Two unmarried persons.
" A person solemnizing the marriage.
NOTE: No witness is required nor are they authorized to sign the confidential marriage
license.
45
v. LICENSE AND CERTIFiCATE OF CONFIDENTIAL MARRIAGE
(VS 123) - CONTINUED
The confidential marriage certificate is filed and maintained by the County Clerk of the county
where the license was issued (FC Section 506).
NOTE: Section 4213(b) of the Civil Code (the predecessor of Section 504 of the Family
Code) was amended by SB 1324, Chapter 149, Statutes of 1984 to include the requirement
that the confidential license may only be used in the county in which it was issued. Prior to
1985, the law was silent as to where a confidential marriage license could be used; therefore,
until that time, it is possible a confidential license was issued in one county and used in
another.
Documentary evidence regarding whether or not parties have been living together as
spouses is not required and may not be demanded. However, the parties must understand
they are stating under penalty of perjury that they have been living together as spouses.
The Confidential License and Certificate of Marriage
The person performing the ceremony is to file this original record within ten days of the
ceremony with the County Clerk in the county in which the license was issued (FC Section
506).
NOTE: This record is held confidential and may not be viewed by the public. The only
information that may be released by the County Clerk upon inquiry is Whether there is a
record of the marriage. The date or other information contained within the license may not
be released without a court order (FC Section 511).
The restrictions on availability of information on confidential marriages also apply to veterans.
Confidential Marriage Licenses Issued to Notaries
FC Section 504 provides that a confidential marriage licensE? issued by the County Clerk to a
notary public shall be valid only fora period of 90 days after its issuance by the County Clerk
and may only be used in the county in which it was issued. Therefore, Items 25A25G,
which include the issue and expiration dates, are to be completed upon issuance to the
notary.
The notary must point out the "Expires After" date to the couple and inform them that this is
the last day on which the license may be used. .
The notary public is to be informed that he/she will not be refunded for any marriage licenses
which will expire before they can be used by the parties to the marriage.
For a notary to perform the marriage, he/she must be one of the persons authorized under
FC Sections 400-401, e.g., priest, minister, rabbi, or deputy commissioner.
46
V. UCENSE AND CERTIFICATE OF CONFIDENTIAL MARRIAGE
(VS 123) - CONTINUED
Other requirements related to the authority of a notary to issue confrdential marriage licenses
are stated in Fe Section 530, as follows:
No notary public shall issue a confidential marriage unless he or she is
approved by the County Clerk having jurisdiction. The approval is subject to
continued supervision by the County Clerk, and disciplinary action including
suspension and termination of approval.
If the notary public leaves office or the appointment expires, the authority to sell
confidential marriage licenses is terminated (GC Section 8209). Any unused
marriage licenses must be destroyed or returned to the County Clerk for
destruction. They may not be transferred to another notary.
A violation of the above is a misdemeanor punishable by a fine not to exceed one thousand
dollars ($1,000) or six months in jail (FC Section 530 (b)).
An application for approval to issue confidential marriage licenses shall be submitted to the
County Clerk in the county in which the notary public resides (GC Sections 244 and 8201).
The application shall include all of the data required in FC Section 531.
Each application shaH be accompanied by a fee of three hundred dollars ($300). An
approval to authorize marriages is valid for one year. The renewal fee is also three hundred
dollars ($300). For convenience, the date of the authorization may be set to coincide with
the expiration of the notary's commission, but for a term of no more than one year (FC
Sections 533 and 536).
If, after an approval to issue confidential marriage licenses is granted, it is discovered that the
notary public has engaged in any of the actions specified in GC Section 8214.1, the approval
shall be revoked. In such a case, any fees paid by the notary public may be retained by the
County Clerk (FC Section 535).
No approval shall be granted unless the notary successfully completes a course of instruction
concerning the issuance of confidential marriage licenses conducted by the County Clerk.
The course shall not exceed six hours in duration (FC Section 532).
The County Clerk shall maintain a list of the notaries who are approved. The list shall be
available for inspection by the public. It is the responsibility of a notary to keep current the
information required (FC Section 534).
47
V. LICENSE AND CERTIFICATE OF CONFIDENTIAL MARRIAGE
(VS 123) ~ CONTINUED
If a notary violates any of the provisions of FC Section 500 et seq., the County Clerk shall
conduct a hearing to determine if the approval should be suspended or revoked. The notary
may present evidence in his/her defense. If the County Clerk determines that the notary has
violated any provision, the clerk may place the notary on probation or suspend or revoke his
or her approval. The County Clerk shall report the findings of the hearing to the Secretary of
State for appropriate action (Fe Section 535(b)).
48
V. UCENSE AND CERTIFICATE OF CONFIDENTIAL MARRIAGE
(VS 123) - CONTlNUED
Suggested Training Outline for Notaries Public:
l. Introduction
I!. Review of Law (Family Code Sections 530-536)
Ill. General Instruction
A. Distribute Handout Packet
B. Completing Certificate
1. County Clerk's Function
2. Notary's Function
3. Parties' Function
4. CDPH-VR Function
C. Forwarding Certificate to County Clerk
D. Certified Copy Requests
IV. Obtaining Duplicate Copies
v. Amendments
49
VI. LICENSE AND CERTIFICATE OF MARR!AGE FOR DENOMINATIONS
NOT HAVING CLERGY (VS 115)
General Information/Requirements
The License and Certificate of Marriage for Denominations Not Having Clergy (VS 115) was
designed by CDPH-VR as mandated by legislation (FC Section 307) sponsored by the
Society of Friends (Quakers). This legislation provides for the registration of marriages for
members of religious societies or denominations (such as Quakers) not having clergy for the
purpose of solemnizing the marriage.
The License and Certificate of Marriage for Denominations Not Having Clergy (VS 115) is in
the same format as the License and Certificate of Marriage (VS 117).
All persons who are members of a religious society or denomination not having clergy for the
purpose of solemnizing marriages may purchase a License and Certificate of Marriage for
Denominations Not Having Clergy (VS 115) from the County Clerk in order to enter into
marriage (FC Section 307).
The required fee for a License and Certificate of Marriage for Denominations Not Having
Clergy (VS 115) is the same as for a regular public marriage license (VS 117).
Two witnesses to the marriage are required (FC Section 307).
The completed License and Certificate of Marriage for Denominations Not Having Clergy
(VS 115) must be registered by either of the parties entering into the marriage or by either
witness who signed in Item 29A or 30A within ten days after the marriage ceremony. The
license is registered and indexed with the regular public marriage certificates.
The license may be accepted for registration if submitted after the required ten days.
However, if more than one year from the date of the event has passed, the marriage must be
recorded either by Ucenseand Certificate of Declaration of Marriage (VS 116) or by Court
Order Delayed Certificate of Marriage (VS 122).
NOTE: In the event the marriage license is lost, destroyed, or cannot be registered after the
ceremony, e.g., whiteout, cross-outs, etc., a duplicate marriage license cannot be issued.
The duplicate marriage license requires the signature of the marriage officiant who
solemnized the marriage. Since ceremonies performed using this type of license are not
solemnized, they do not qualify for the issuance of a duplicate license. The couple would be
required to go to court for a Court Order Delayed Certificate of Marriage (VS 122) or wait one
year and purchase a License and Certificate of Declaration of Marriage (VS 116).
50
VII. LICENSE AND CERTIFICATE OF DECLARATION OF MARRIAGE
(VS 116)
General Information/Requirements
The License and Certificate of Declaration of Marriage (VS 116) provides for the registration
of California marriages for which no official record exists. To issue a License and Certificate
of Declaration of Marriage (VS 116), FC Section 425 requires that it has been one year or
more from the date of the marriage that is being declared.
The License and Certificate of Declaration of Marriage (VS 116) is set up in the same format
as the License and Certificate of Marriage (VS 117).
Persons may purchase a License and Certificate of Declaration of Marriage (VS 116) from
the County Clerk to declare a California marriage which was licensed and solemnized more
than one year ago, but for which no legal record exists.
The license must be purchased in the county where the couple currently resides
(FC Section 425). If the parties reside in separate counties, the license may be purchased
in either county. However, only one license is to be purchased for each couple wishing to
declare their marriage.
NOTE: If the couple does not currently reside in California, they do not qualify for the
requirements to purchase a License and Certificate of Declaration of Marriage (VS 116),
and may instead apply to the Superior Court in the county in which the marriage occurred
or the county where they reside, for a Court Order Delayed Certificate of Marriage (VS 122)
pursuant to H&SC Section 103450. A License and Certificate of Declaration of Marriage
(VS 116) may not be issued to declare a marriage which took place without benefit of a
valid marriage license. A Court Order Delayed Certificate of Marriage (VS 122) is required
to record such an event.
If a declaration of marriage is required for a Confidential License and Certificate of Marriage
(VS 123), the couple must be notified that the marriage will become a public record. If they'
wish to retain confidentiality, a Court Order Delayed Certificate of Marriage (VS 122) is
required that must stipulate that the marriage record be held confidential.
The required fee for a License and Certificate of Declaration of Marriage (VS 116) is the
same as for a regular public marriage license (VS 117).
Enter the date the VS 116 (Declared) is purchased in Item 25A and the date the license
expires in Item 258.
Either spouse may complete the required information regarding the original date and place of
marriage (Items 26A-26C).
Two witnesses to the marriage are required and must complete Items 29A-29C and
Items 30A-30C.
51
VII. liCENSE AND CERTIFICATE OF DECLARATION OF MARRIAGE
(VS 116) ~ CONTINUED
General Information/Requirements ~ CONTINUED
The completed License and Certificate of Declaration of Marriage (VS 116) must be
registered by one or both spouses in person or by mail within ten days from the date the
license is issued (FC Section 359).
The VS 116 may be numbered by either the year of event or the year of registration.
However, it must be indexed by the actual year of event and batched separately by the actual
year of event when transmitting to CDPH-VR. The declared marriage certificates are to be
filed with all other public marriages.
Court Order (H&SC Section 103450).
Whenever the parties to the marriage are unable to meet the requirements for the License
and Certificate of Declaration of Marriage (VS 116), they may file a petition with the Clerk of
the Superior Court for an order to judicially establish the fact, time, and place of the event.
Use the form Court Order Delayed Certificate of Marriage (VS 122) for these types of
marriages.
52
VIIi. COURT ORDER DELAYED CERTIFICATE OF MARRIAGE (VS 122)
General Information/Requirements
The Court Order Delayed Certificate of Marriage (VS 122) is required under any of the
following situations:
• When a marriage was performed without benefit of a license or when a marriage was
performed with an expired license, unless the couple agrees to purchase another
license and have another ceremony;
4> When the requirements for issuance of a License and Certificate of Declaration of
Marriage (VS 116) cannot be met, e.g., couple does not reside in California, cannot
provide two witnesses, or only one spouse is available;
~ To record a marriage which occurred in another state or country where the record no
longer exists, e.g., was destroyed or lost (H&SC Section 103450).
Court Proceedings to Establish Record of Marriage
A petition may be filed by any beneficially interested person with the Clerk of the Superior
Court in: 1) the county in which the marriage is alleged to have occurred, or 2) the county of
residence of the person whose marriage it is sought to establish.
The petition shall contain all the facts necessary to enable the court to determine the fact of
and time, and place of the marriage (H&SC Section 103455).
The order shall be made on the form prescribed and furnished by CDPH-VR and shall
become effective upon the filing of a certified copy with CDPH-VR (H&SC Section 103485).
CDPH-VR shall send the Local Office Copy (LOC) of the Court Order Delayed Certificate of
Marriage (VS 122) to the local registrar of marriages in the county where the event occurred,
unless the event occurred outside the state. If the county of residence of the petitioner is
different from where.the event occurred, an LOC will also be sent to the county of residence
where the court order was filed and obtained.
To obtain a supply of the VS 122 forms, you may contact CDPH-VR Supply Room.
53
iX. DUPLICATE LICENSE OF MARRIAGE
General Information/Requirements
FC Sections 360 and 510 provide that the person who solemnized a marriage may obtain a
duplicate license for a public License and Certificate of Marriage (VS 117) and a License and
Certificate of Confidential Marriage (VS 123) if the certificate is lost, damaged, or destroyed
after the marriage but prior to registration, or deemed unacceptable for registration by the
local registrar (County Recorder or County Clerk).
NOTE: FC Section 425, which provides for the issuance of the License and Certificate of
Marriage for Denominations Not Having Clergy (VS 115) and the License and Certificate of
Declaration of Marriage (VS 116), does not provide for the issuance of duplicate certificates.
Therefore, in the event that the License and Certificate of Marriage for Denominations Not
Having Clergy (VS 115) is lost, destroyed, or otherwise unacceptable prior to registration, the
couple must petition the Superior Court to establish the fact of marriage through a Court
Order Delayed Certificate of Marriage (VS 122), or wait one year from the date of marriage
and apply for a License and Certificate of Declaration of Marriage. In the event that the
License and Certificate of Declaration of Marriage (VS 116) is lost, destroyed, or otherwise
unacceptable prior to registration, the couple must purchase a new VS 116 or petition the
Superior Court to establish the fact of marriage through a Court Order Delayed Certificate of
Marriage (VS 122).
With the exception of the VS 115 and VS 116 as noted above, a duplicate license may be
issued up to one year from the date the original license was issued (FC Section 360). If
more than one yearfrom the date of issuance has passed, the event must be recorded by
License and Certificate of Declaration of Marriage (VS 116) or Court Order Delayed
Certificate of Marriage (VS 122). Upon issuance of a duplicate certificate, the original license
and/or copy that is unacceptable for registration must be destroyed.
The following gives an example of when a duplicate license can be issued:
Example:
Procedures
Date of Public/Confidential License Issued:
Duplicate License may be issued through:
07/12/2008
07/11/2009
Upon presentation of an affidavit by the officiant setting forth all the facts and payment of the
required fee, a duplicate license may be issued to the person who solemnized the marriage
when the original license has been lost, destroyed, or is unacceptable for registration, e.g.,
registered in wrong county, illegible, whiteout, erasures, etc.
The affidavit is to be filed with the County Clerk of the county in which the license was issued.
The sample affidavit on the following pages may be adapted for use by individual counties.
54
IX. DUPLICATE LICENSE OF MARRIAGE ~ CONTiNUED
Sample Duplicate Marriage Affidavit
The below affidavit statement should be filed by the marriage officiant with the county clerk
upon request for a Duplicate Marriage:
The original License and Certificate of Marriage, issued by the County
Clerk was presented to me before the marriage ceremony. Before filing with the County
Recorder, said License and Certificate of Marriage was lost, destroyed or altered. Be
advised this affidavit is provided in order to obtain from the County Clerk
a duplicate License and Certificate of Marriage, which is required in order to comply with
Section 360 of the Family Code.
I DO HEREBY DECLARE UNDERPENALTY OF PERJURY THAT THE ABOVE
INFORMATION IS TRUE AND CORRECT.
EXECUTED AT , THIS _
(City and State) (Date)
(Signature of Officiant)
(Official Title and Religious Denomination if Clergy)
(FOR USE BY COUNTY CLERK)
55
lX. DUPLICATE LICENSE OF MARRIAGE M CONTINUED
General InformationlRequirements - CONTINUED
When the affidavit is completed and signed, type the duplicate license from the facts set
forth. Type "DUPLICATE" at the top center of the license so that it does not obscure the
state file number or the local registration number.
NOTE: The duplicate license must be issued exactly the same as the original license. If,
after the fact, an error was noticed on the original license, it cannot be corrected on the
duplicate license - it must instead be corrected using an amendment form.
Signatures
The only signature required is that of the person who solemnized the marriage. However, if
present at the time of issuance, the parties and witness(es) may sign the duplicate license. If
the parties and witness(es) are not present, their names are to be typed as follows:
Example:
23. SIGNATURE OF PERSON LISTED IN FIELDS 1A-1D 24. SIGNATURE OF PERSON LISTED IN FIELDS 12A-12D
lsi JohnlJane Smith lsi JohnlJane Brown
NOTE: The name of the witness(es) should be entered in the same manner in the
appropriate space.
Special Circumstances
In the event that a spouse is deceased, a duplicate license may be issued to the person who
solemnized the marriage, on behalf of the surviving spouse, within one year from the date the
license was issued. If more than a year has passed, a Court Orqer Delayed Certificate of
Marriage (VS 122) will be required to record the event. .
If both spouses are deceased, a Court Order Delayed Certificate of Marriage (VS 122) is
required to record the marriage.
When a duplicate license is required and the person who solemnized the marriage is
deceased, a Court Order Delayed Certificate of Marriage (VS 122) is required.
56
X. REPLACEMENT LICENSES
General Information
The provisions for issuing a replacement marriage license were removed in AB 1102,
Chapter 816, Statutes of 2006. It is now required that the couple purchase a new marriage
license if the license is lost, damaged, or destroyed before the marriage ceremony takes
place. Upon purchase of a new marriage license the old license shall be voided (Fe
Section 360(d)).
57
XI. CERTIFIED COPIES
Effective January 1, 2010, new laws went into effect addressing certified copies of marriage
certificates. Health and Safety Code Section 103526 allows for two types of certified copies
that can be provided:
1. Authorized Copy (only authorized individuals can get this type).
The following persons are authorized to receive a certified copy:
'" The registrant or a parent or legal guardian of the registrant.
<> A party entitled to receive the record as a result of a court order, or an attorney or
a licensed adoption agency seeking the birth record in order to comply with the
requirements of Section 3140 or 7603 of the Family Code.
.. A member of a law enforcement agency or a representative of another
governmental agency, as provided by law, who is conducting official business.
.. A child, grandparent, grandchild, brother or sister, spouse, or domestic partner of
the registrant.
.. An attorney representing the registrant or registrant's estate, or any person or
agency empowered by statute or appointed by a court to act on behalf of the
registrant or the registrant's estate.
.. Any funeral director ordering certified copies of a death certificate on behalf of an
authorized individual listed above.
If the applicant is requesting an authorized copy, they MUST provide a sworn
statement declaring under penalty of perjury that they are authorized by law to receive
the certified copy. If the sworn statement is mailed, it must be notarized.
Note: Only one sworn statement is required for multiple records that are requested at
the same time - but the sworn statement must include the name of each person
whose record is being requested and the relationship to that person.
2. Informational copy (anyone can get this type).
If the applicant is requesting an informational copy, they DO NOT need to provide a
sworn statement.
58
XI. CERTIFIED COPIES ~ CONTINUED
Public Marriages (including Non-Clergy, Declaration, and CoiJrt Order Delayed)
The current fee for a certified copy must be paid in advance. The fee for a search by the
custodian of the records is the same as for a copy (H&SC Section 103650).
Anyone may obtain an informational certified copy of a public, declared, or non-clergy
marriage certificate by mail or in person from the County Recorder. The requester must
sufficiently identify the record requested, e.g., names of the parties to the marriage, date,
county of event, etc.
If no record is found, the fee is retained (H&SC Section 103650) and the requester will be
issued a Certification of No Public Record. A sample Certification of No Public Record is
located on page 68 of this handbook.
Confidential Marriages
The current fee for a certified copy must be paid in advance. The fee for a search by the
custodian of records is the same as for a copy (H&SC Section 103650).
Only the parties to the marriage may be provided a certified copy of a confidential marriage
record. The certified copy may be requested in any of the following ways (Fe Section 509):
.. By submitting the application for a certified copy of the confidential marriage certificate
provided to the parties at the time the marriage license was issued, along with a
notarized sworn statement (if mailed) and the required fee.
By personally appearing at the County Clerk's Office where the marriage certificate is
registered and producing proper identification, sworn statement, and the required fee
to obtain a copy.
~ By submitting a written request with their signature acknowledged bya notary public or
County Clerk attesting to their identity and either mailing or faxing that request to the
County Clerk together with the notarized sworn statement and apprOpriate fee.
NOTE: Faxed requests would be handled similar to those requests for birth or death
certificates.
If a confidential marriage certificate is requested by someone other than the parties to the
marriage, the County Clerk should issue a Certification of Record or Certification of No Public
Record as appropriate. The County Clerk may conduct a search of their confidential marriage
certificates for the purpose of confirming the existence of a marriage, but the date of the
marriage and any other information shall not be disclosed without a court order (FC
Section 511 (c)). The fee for a search by the custodian of the record is the same as that of a
certified copy (H&SC 103650).
NOTE: A subpoena and/or search warrant is not considered a court order.
59
XII. AMENDMENTS TO MARRIAGE CERTiFICATES
General Information/Requirements
Refer to H&SC Sections 103225-103305 for statutory provisions regarding amendments to
vital records.
All information must be typed or written legibly in black ink.
The amendment must state the correction to make the record accurate and must be
supported by the affidavit of two persons with knowledge of the facts.
Signatures on marriage certificates may not be changed or corrected.
When correcting the date or place of marriage, .the supporting affidavit must be signed by the
person solemnizing the marriage. Exception: Marriages that have no clergy to solemnize
may be corrected by the parties to the marriage and/or one of the witnesses who signed the
original marriage certificate.
Affidavits that change the identity of one or both of the marriage partners are not acceptable;
however, amendments may be accepted to add AKAs to the marriage certificate.
The local registrar may review and process amendments ONLY when the original certificate
is still in the Recorder's Office. Amendments received after the certificate has been sent to
the State must be referred to CDPH-VR for processing.
EXCEPTION: The County Clerk retains the original confidential marriage certificates;
therefore, amendments to confidential marriage certificates are always processed by the
County Clerk who will forward a copy of the amendment to CDPH-VR.
Application to Amend a Record
When an error is made on a marriage certificate already registered, the person asserting that
the errores) exists must apply an affidavit to amend the record.
If the amendment is submitted within one year of the date of the event, there is no
processing fee; however, there is a fee required for a certified copy.
Amendments submitted one year or more after the date of event, require the processing
fee.
H&SC Section 103255 requires that the amendment be filed with and become a part of the
original record to which it pertains. All certified copies issued after acceptance of the
amendment must include a copy of the original certificate and amendment.
60
XII. AMENDMENTS TO MARRIAGE CERTIFICATES - CONTINUED
Rules To Follow When Amending A Marriage Certificate
GROOM/BRIDE BOXES (Optional)
These boxes may not be amended.
PARTIES TO THE MARRIAGE NAME FIELDS
With the exception of the current name field, parties to the marriage are required to use their
legal names by birth, adoption, naturalization, or court-ordered name change on the marriage
certificate. Typographical errors may be corrected with an amendment; however,
amendments that completely change a name are not acceptable. If the party to the marriage
has an AKA they may add that information at the time the marriage license is purchased with
an Affidavit to Amend a Marriage Record (VS 24C). If the party receives a court ordered
name change after the marriage, they may add the AKA information with a VS 24C.
NUMBER OF PREViOUS MARRIAGES/SRDPs
This field may be amended by two persons with knowledge of the facts. Reference H&SC
Section 103225.
LAST MARRIAGE/SRDP ENDED BY
This field may be amended by two persons with knowledge of the facts. Reference H&SC
Section 103225.
DATE ENDED (MM/DD/CCYY)
This field may be amended by two persons with knowledge of the facts. Reference H&SC
Section 103225.
ADDRESS, CITY, STATE/COUNTRY, ZIP CODE OF THE PARTY(IES) TO THE
MARRIAGE
These fields may be amended by two persons with knowledge of the facts. Reference H&SC
Section 103225.
FULL BIRTH NAME OF FATHER/PARENT, STATE OF BIRTH OF FATHER/PARENT
These fields may be amended by two persons with knowledge of the facts. Reference H&SC
Section 103225.
61
Xii. AMENDMENTS TO MARRIAGE CERTIFICATES = CONTINUED
Rules To Follow When Amending A Marriage Certificate - CONTINUED
FULL BIRTH NAME OF MOTHER/PARENT, STATE OF BIRTH OF MOTHER/PARENT
These fields may be amended by two persons with knowledge of the facts. Reference H&SC
Section 103225.
SIGNATURES OF THE PARTIES TO THE MARRiAGE
Signature fields may not be amended.
ISSUE DATE, EXPIRES AFTER, NAME OF COUNTY CLERK, MARRIAGE LICENSE
NUMBER, COUNTY OF ISSUE, RETURN COMPLETED MARRIAGE liCENSE TO
Typographical errors in these fields may be amended by County Clerk staff.
SIGNATURE OF CLERK OR DEPUTY CLERK
Signature fields may not be amended.
SIGNATURE(S) OF WITNESS(ES)
Signature fields may not be amended.
NAME OF PERSON(S) WITNESSING MARRIAGE
Typographical errors in these fields may be amended by two persons with knowledge of the
facts. Reference H&SC Section 103225.
DATE OF MARRIAGE, CITY/TOWN OF MARRIAGE, COUNTY OF MARRiAGE
These fields may be amended with the affidavit signature of the person solemnizing the
marriage and one other person with knowledge of the facts. If the person solemnizing the
marriage is not available, a court order to amend is required.
SIGNATURE OF PERSON SOLEMNIZING MARRIAGE
Signature fields may not be amended.
62
XII. AMENDMENTS TO MARRIAGE CERTiFICATES ~ CONTINUED
Rules To Follow When Amending A Marriage Certificate· CONTINUED
RELIGIOUS DENOMINATION, NAME OF PERSON SOLEMNIZING MARRIAGE, OFFICIAL
TITLE, ADDRESS, CITY, STATE/COUNTRY, AND ZIP CODE
These fields may be amended with the affidavit signature of the person solemnizing the
marriage and one other person with knowledge of the facts.
NEW MIDDLE AND LAST NAME FIELDS
These fields may not be amended unless it is a clerical error and the amendment is signed
by the county clerk or his or her deputy and one of the parties to the marriage. If the
marriage ceremony has not yet occurred, the couple should be instructed to purchase a new
license with the correct new middle or last name(s).
NAME OF LOCAL REGISTRAR
Typographical errors in this field may be amended by County Clerk/Recorder staff.
SIGNATURE OF CLERK OR DEPUTY CLERK
Signature fields may not be amended.
DATE ACCEPTED FOR REGISTRATION
Typographical errors in this field may be amended by County Clerk/Recorder staff.
63
xu. AMENDMENTS TO MARRIAGE CERTIFICATES ~ CONTINUED
TABLE OF AMENDABLE MARRIAGE CERTIFICATE FIELDS
Items That Can Be Items That Can Only Be Items That Cannot
Amended By Affidavit of Amended by County Clerk Be Amended
Two Persons With (Typographical Errors Only)
Knowledge of the Facts
..- ,-
Parties to the Marriage Name
Issue Date, Expires After, Name of Signatures of the
Fields (can only be amended on
County Clerk, Marriage License Parties to the
a limited basis -- see details
Number, County of Issue, Return Marriage
above)
Completed Marriage License To
Number of Previous
I
Name of Local Registrar
I
Signature of Clerk or
Marriages/SRDPs Deputy Clerk
Last Marriage/SRDP Ended By Date Accepted for Registration Signature(s) of
Witness(es)
Date Ended New Middle or Last Names Fields Signature of Person
(only if it is a clerical error)
Solemnizing Marriage
Address, City, State/Country,
I
I
Signature of Clerk or
Zip Code of Parties to the Deputy Clerk
Marriage
Full Birth Name, State of Birth of 1
I
New Middle or Last
Names (only if it is a Father/Parent
clerical error)
Full Birth Name, State of Birth of
[
I
Groom/Bride boxes
Mother/Parent (optional)
Name of Person(s) WITnessing I
I
Local Registration and
State File Numbers Marriage (only typographical
errors. can be amended) .
Date of Marriage, City/Town of
Marriage, County of Marriage
(one of the affidavit signatures
must be the person solemnizing
the marriage; if that person is
unavailable to sign, a court
order is required)
Religious Denomination, Name
of Person Solemnizing
Marriage, Official Title, Address,
City, State/Country, and Zip
Code
64
XII. AMENDMENTS TO MARRIAGE CERTIFICATES - CONTINUED
COMPLETING THE AFFIDAVIT TO AMEND A RECORD (VS 24C)
The appropriate box must be checked on the top of the form indicating the type of marriage
certificate that is being amended, e.g., public, confidential, declared, or non-clergy.
The local registration number must be typed in the upper right-hand corner and must be the
same number entered on the original marriage certificate.
The VS 24C is separated into two parts as noted below:
Part I - Information to Locate Record
Items 1A-4D All information entered in these items must be identical to what is on the
original document.
Information entered in this section does not amend the original document.
Part II - Statement of Corrections to Marriage Record
Item 5
Item 6
Item 7
Item 8
Item Number to be Corrected
Enter the certificate item number(s) to be corrected. Enter one item per
line.
NOTE: One item per line does not apply when adding AKAs or
additional names to the certificate. Please refer to page 66 for additional
information on AKAs.
Incorrect Information that Appears on Original Record
Enter the incorrect information from the corresponding certificate item
number, as entered on the original certificate. .
Corrected Information as it Should Appear
Enter the correct information in this item.
Reason for Correction
Enter the reason for correction. Do not [eave item blank.
65
XII. AMENDMENTS TO MARRIAGE CERTIFiCATES - CONTINUED
COMPLETING THE AFFIDAVIT TO AMEND A MARRIAGE RECORD (VS 24C) -
CONTINUED
Items 9A-10D
Item 11
Item 12
Affidavits and Signatures
The affidavit may be signed by either party to the marriage, a witness to
the marriage, or other persons familiar with the event.
When correcting the date or place of marriage, one supporting affidavit
must be signed by the marriage officiant. A cover letter may be sent to
the officiant explaining the correction(s) necessary and that his/her
signature is required to support the affidavit to amend the record.
Office of State or Local Registrar
If the amendment is processed at the county level, the signature stamp
of the local registrar is to be stamped in this item and signed by the
authorized deputy, unless the original signature of the local registrar is
entered.
Date Accepted for Registration
The date of acceptance is the date the amendment was accepted for
registration.
AMENDMENT TO ADD AKA (ALSO KNOWN AS)
Legal names on certificates are those acquired by birth, adoption, or court-ordered name
change. An AKA may not be included on a marriage certificate. AKAs may only be listed on
an Application to Amend a Marriage Record (VS 24C).
The following are instructions on adding an AKA amendment to a marriage certificate:
Certificate Item Number
Incorrect Information on Original Record
Corrected Information as it Should Appear
Reason for Correction
Enter 1A, 1B and 1C or
12A, 12B and 12C
Enter the Names as shown on the Original Record
Enter the original Names and AKA(s) as appropriate.
Example:
Patricia Noreen Bishop
AKA Patricia Ann Bishop
AKA Sally Jane Bishop
AKA Renee Marie Sanchez
Enter "To add AKAs."
66
Xiii. SUPPORTING DOCUMENTS
The following is a sample of a sixty-day letter:
RE: EXPIRATION OF LICENSE TO MARRY
LICENSE NO. _
DATE ISSUED _
NOTICE
Notice given pursuant to Family Code Section 357.
Approximately 60 days have passed since the above marriage license was issued by the
County Clerk's Office, and it has not been received for registration in this office.
The license will automatically expire 90 days after the date of issuance as shown in Item 25B
on the marriage license. If you plan to use the license, you must do so before the expiration
date shown on the license.
The person performing the marriage must complete the certification portion of the LICENSE
AND CERTIFICATE OF MARRIAGE (VS 117) and return it to this office for registration within
10 days of the ceremony.
If you used the license and were married more than one week prior to the date of this letter,
you should contact the person who performed the marriage to determine why the LICENSE
AND CERTIFICATE OF MARRIAGE (VS 117) has not been registered.
The marital and property rights of married couples may not be protected unless the LICENSE
AND CERTIFICATE OF MARRIAGE (VS 117) is properly returned and registered by the
County Recorder.
Very truly yours,
_________________, County Recorder
By: , Deputy
67
xm. SUPPORTING DOCUMENTS = CONTINUED
The following is a sample Certification of No Public Record:
CERTIFICATION OF NO PUBLIC RECORD
This is to certify that a search has been made of the county index covering the event shown,
and no reference to this event was found based on the information provided.
Name (s):
Event Type:
Period Searched: From:
IThrough:
COUNTY
OF
Signature
Date:
68
XIII. SUPPORTING DOCUMENTS - CONTINUED
The following is a sample copy of the Power of Attorney pursuant to Fe Section 420 (b):
STATE FILE NUMBER
of
POWER OF ATIORNEY: CALIFORNIA MARRIAGE LICENSE
[Califomia Family Code Section 420(b)]
LOCAL REGISTRATION NUMBER
-----c=-c---,---,--c----,---------' declare under penalty of perjury that I am a member of the Amned
(Printed true legal name)
Forces of the United States, who is stationed overseas and serving in a
(indicate where you are serving)
conflict or a war and am unable to personally appear in the County Clerk's Office to apply for and obtain a maniage license
or participate in the marriage ceremony. Therefore pursuant to Family Code Section 420(b), I hereby give Power of Attorney to
_____________________to act on my behalf for the sole purpose of applying for and
(Printed Name)
obtaining a marriage license and participating in the solemnization of the marriage. I further declare that the true legal names of the parties
to be manied are as follows:
(Printed true legal name of First Person)
(Printed true legal name of Second Person)
(Date signed)
(Date of Birth MMfDD/CCYY)
(Date of Birth MMfDDfCCYY)
(Signature of person granting power of attomey)
Witnessed this day of , 20 _
1»- __---.,-=-__---., _
(Signature)
1»- ;:::-__-,- _
(Signature)
(Printed Name and Rank)
(Printed Name and Rank)
CERTIFICATE OF ACKNOWLEDGMENT
State of _
County of -'
On before me, , personally appeared
(here insert name and title of the officer)
-c- ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behaif of which the person(s) acted, executed the
instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
SIGNATURE
The attorney-in-fact must personaily appear at the County Clerk's office with the party who is not stationed overseas, and present the
original power of attorney duly signed by the party stationed overseas and acknowiedged by a notary or witnessed by two officers of the
United States Anmed Forces.
Original Power of Attomey shall be a part of the marriage certificate upon registration.
69
XIII. SUPPORTING DOCUMENTS - CONTINUED
The following is a sample copy of the Affidavit of Inability to Appear form:
AFFIDAVIT OF INABILITY TO APPEAR
AND REQUEST FOR ISSUANCE OF A
Check one of the following:
[ ] CONFIDENTIAL MARRIAGE LICENSE PURSUANT TO FAMILY CODE SECTION 502
[ ] PUBLIC MARRIAGE LICENSE PURSUANT TO FAMILY CODE SECTION 426
We, the undersigned, do hereby declare:
that ---:-=-:--:-:::--:o-:--:-:-c-------;-c-:-::-----:-:-:-:--,--:--:---;------------
(Print Full Legal Name(s) of Person(s) Unable to Appear)
is/are physically unable to appear in person at the County Clerk's Office to apply for a marriage license due to:
Check one of the following:
[ ] Hospitalization (must attach proof of hospitalization)
[ ] Incarceration
[ ] Other ----, - - - : - - - - - , _ ~ - - - - - : - - - _ _ _ : - -
(Reason proved to the satisfaction of the County Clerk)
and hereby request the marriage license be issued to __-=--=--,-__-=__-::----:--:-_-:-,-,-----:-
(Print Name of Person Solemnizing Marriage)
as the officiant who will be solemnizing the marriage.
(Print Full Legal Name of First Person)
(Print Full Legal Name of Second Person)
(Date of Birth (MM/DD/CCYY))
(Date of Birth (MM/DD/CCYY))
We certify under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Executed on: at
(MM/DD/CCYY) City/State
~
(Signature of First Person)
Executed on: at
(MM/DD/CCYY) City/State
~
(Signature of Second Person)
Executed on: at
(MM/DD/CCYY) City/State
ll--
(Signature of Person Solemnizing Marriage)
NOTE: The person solemnizing the marriage must physically present the completed affidavit to the County Clerk at the
time the marriage license is issued [Family Code Sections 426(a); 502(a)].
The signature(s) of the person(s) who is/are physically unable to appear in pel·son at the County Clerk's Office
must be authenticated by a Notary Public or a Court prior to the County Clerk issuing the marriage license
[Family Code Sections 426(c); 502(c)].
NOTE: Government Code (GC) Section 8224(a) prohibits the notary public who has authenticated the
signature(s) of the person(s) who is/are unable to physically appear in person at the County Clerk's Office from
also being the person solemnizing the marriage.
Pursuant to Family Code Section 500, couples applying for a Confidential Marriage License must already be
living together as spouses.
In addition, the confidential marriage license may only be used in the county in which the license is issued.
70
XIII. SUPPORTING DOCUMENTS - CONTINUED
The following is a sample copy of the Application for a License and Certificate of Marriage:
APPLICATION FORLICENSE AND CERTIFICATE OF MARRIAGE
PLEASE READ BEFORE COMPLETING APPLICATION
\Jilben you sign the marriage application foml, you are stating lUlder penalty of perjury that tbe information you have provided is true and
cOlTect, that you are cunently an munarried couple, and that there is no legal objection to the man-iage.
If you are using aregular pUblic marriage license
l
you luay be man-ied anywhere in California Ifyau are using a confidential maniage
license, you must be manied in the same county that issues the license. Check the license to see what tbe requirements are for witnesses and
solemnization.
MalTiage licenses are valid for 90 days from the date of issuance. You must be manied on or after the issuance date, and on or before the
expiration date of the license. Li cemes not used within this timeframe are void.
Tbe appropriate fee may be paid in casb or by cbeck, payable to the county clerk.
No refunds are given for m&.-nage licenses purchased in error.
Please check the type ofm3niage license you would like to apply for:
o License and Certificate of Marria!!e (VS 117) - This is the standard type of marriage license. Tbis type of maniage license
requires the signature of at least one witness and one perSall solemnizing the marriage.
o License and Certificate of Man-iage for Denominations Not Having Clergv (VS 115) - n,is type of license is used for the
recording of marriages for members of religious societies or denominations that do not have clergy for the purpose of solenmizing
a marriage.
o License and Certiiicate of Declaration of Marriage (VS 116) - Tbis type onicense is used for the recording ofa malTiage that
was licensed and occUlTed over one year ago; however, no official record exists.
o Confidential License and Certificate o[Marriage (VS 123) - Confidentialmaniage licenses mayan ly be issued to UIl111anied
parties who are at least ISyears old and have been living together as spouses. Since the confidentialmaniage license requires the
signature of a marriage officiant, they are not available to members of religious denominations not having clergy. Certified coples
of the maniage license and certificate may only be issued to the couple. Confidential maniage licenses may not be available in all
counties. Tbe signatures oftlle parties in fields 23 and 24 affirm that they meet the requirements to receive a coufidentialmarriage
license.
INFORMATION REGA.RDING THE NAME EQUALITY ACT OF 2007
The Name Equality Act of2007 (AB 102, Chapter 567, Statutes of2007, amended by AB 1143, Chapter 512, Statntes ofl009) allows one or
bOtl1 applicants to a Califomia maniage to elect to change the middle and/or last names by which each party wishes to be known after tbey are
married by entering the new name in fields 29A tbru 30C, as applicable, on the maniage license application. 111is mnst be done at the Ii",e the
applicants are applyirrg for the marriage license.
Each p31iy to tbe m311iage may adopt ally of the following last names (Family Code Section 306.5(b)(2)):
• Current last nan1e of the other sponse.
.. L25t name of either spouse given at bilth.
4> A name combining into a single last name all or a segment of the CUlTent last name or the last name of either spouse given at bilth.
• A byphenated combination of last names.
Each party to the marriage may adopt ally of the following middle names (Family Code Section 306.5 (10)(3):
• CUlTent last name of either sponse.
-+- The last name of either spouse given at birth.
• A hypbenated combination of the CUITent middle name and tJ,e current last n=e of the person or sponse.
• A hyphenated combination of the cnrrent middle name and tbe last name given at birth of the person or sponse.
NOTE: Parties to the marriage may not change their first name on the maniage license. Parties to fue maniage may not add or amend tbis
information after the maniage license is issued unless it is a clerical error and the amendment is signed by the county clerk or his or her
deputy and one of the parties to the marriage.
Parties to the marriage are not required to change their name, nor, are they required to have the same name.
If one or both parties do not wish to identify a new name on the marriage license, the fields on the marriage license will be completed
using two single dasbes. Yoo may not change tbe information on the marriage li.cense after it has been issued by the County Clerk.
The marriage certificate is used by mUltiple local, state, federal and private agencies, each of which have different requirements regarding what
documents are acceptable to change your name on their records follomng marriage. It is recommended that you contact these agencies to
verify their requirements prior to applyingfor your marriage license.
COlUlty Clerk staff cannot provide you infomlation on how to complete tl,e m<l1Tiage ticense application as it relates to tile entry of a new n=e
or reteution of your former name on the maniage license application. For your protection, ifyou have any questions regardillg whether you
should or sbouJd not list your new name on tlle marriage license application, andior how the Name Equality Act of 2007 may affect you, please
consult with a private attomey prior to aprlving (or your marriage license.
71
XIII. SUPPORTING DOCUMENTS CONTINUED
APPLICATION FOR LICENSE AND CERTIFICATE OF MARRIAGE
MUST BE LEGIBLE
lA.flRSTNAJvlE lB.MJDDLE
lC. CURRENT U.ST lD.LASTNAMEATBJRTH (If DIFFERENT THAN Ie)
«
"
f- l. DATE OF B:rn.nl (MMIDD!CCYY) 13. STATE/COUNTRY OF BIRTH 4. '# PREV. MARRl.A.,.GES I SRDP 5A. V.5T MARRJAGE I SRDP ENDED BY: SB. DATE ENDED (Jv(MJDD/CCYy)

«

0
o DEATH o OISS0 o ANNULMENT o TERMSROP DN/A
Z
0
0

6. ADDRESS lenY
I" STATE I COUNTRY 19. Z!PCODE
o P-
eS f-

lO...... FULl.. BIRTHN.!J11E OF FATHER JPARENT JOB. STATE OF BIRTH (IF ourSIDEU.S., ENTER. COUNTRY)
i:':
11.-\. FULL BIRTH NAME OF MOTHER / PARENT 11 B. STATE OF BJRTH (IF OUTSIDE U.S., ENTER COUNTRY)
12.-11. FIRST NAME 128. MIDDLE
11C. CURRENT LAST 120. L-\ST NAME AT BIRTH (IF D1FFERENTl"H.A.N 12C)
«
f-
0 «
'"
114. STATE/COUNTRY OF BIRTH 16A LIo,STM.ARRlAGE I SRDP ENDED BY: 16B. DATE ENDED (MMIDD/CCYY)
z
J3. DATE OF BIRTH (MMIDDiCCY\,) 15. "# PREVo MARRLJ,.GES ISRDP
0
0
o ANNULMENT 0 TERM SRDP ON/A U) o DE.l;11-1 0 DISSO
'"
g
"' 119. STATE/COUNTRY
I'" ZIP CODE
c.
J7.ADDRESS 1.S.C1TY
e
'"
0 z
0
0
u
gJ
21A.. Full BIRTHNAI\oiE OF FATHER I PARENT lIB. STATE OF BJRTH (IF OUTSIDE U.S., ENTER COUNTRY)
22A. fULL BJ RTB N.4l\oiE OF MOTHERI PARENT 2?B. STATE OF BJRTB (IF OUTSIDE U.S., El\t'fERCOUNTRY)
\VE, DiE UNDERSIGNED DECLARE UNDER PENALn' OF PERJURY UNDER THE lAWS Of TI-fE STATE OF 'Tlt4-T"\IE ARE UN1Vill.RIED .Jo..ND THAT THE FOREGOING IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE A},"D BElJEF. WE FURTHER DECLARE mAX }VO LEGAL OBJECTION TO THE hiARRIAGE NOR TO THE ISSUANCE OF A LICENSE }S KNOWN TO us. WE
f::;
ACKNO\VLEDG£ RECEIPT OF THE INFORM.-\.TION REQUlRED BY F.-lJvfILy CODE SECIlON 358 MTI HEREBY APPLY FORAUCENSE ..IJ-lD CERTIFlCATEOF MAARLA.GE.
>
13. SIGNATIJRE OF PERSON USTED rn: FIELDS 1A.. \D 24. SIGNATORE Of PERSON USTED Th1 FIELDS J2..·Il,A2D
-<
l>- t> 0
r:;:;
'"
25. ISSUE DATE EXPiRES AFTER (MM/DD/CCYY) \ 27. MARRIAGE LiCENSE NUMBER \23. CLERK ISSUING LiCENSE
-<
NEW MIDDLE AND LAST NAME OFl'ERSON LISTED JN lA-lD (IF ANY) FORUSE UPON SOLEMNIZATION of TID: MARRIAGE
29A. FIRST-MUST BE SAME AS lA 29B. MIDDLE 29C. LAST
NEW MIDDLE AND NAME OF PERSON LISTED JN UA-UD (IF ANY) FOR USE UPON SOLEMNIZATION OF THE J\1ARRlAGE
30A. FffiST - MIlST BE SAME AS J2A 30B. !I1lDDLE 30e. LAST
72
XIH. SUPPORTiNG DOCUMENTS - CONTiNUED
CURRENT AND LAST NAME FIELDS
Couples applying for a marriage license must apply in their true and legal name as noted on
their birth certificate, court ordered name change, adopted name, or name change through
naturalization.
If either of the parties to the marriage has assumed a last name, they may enter that
information in the current last name (Item 1C or 12C).
If any of the following apply:
, ~ They were previously married and are still using their previous married last name.
.. They were born with two surnames, but only use one of those surnames as their last
name.
.. They assumed a step-parent's last name, but were never officially adopted.
$ They assumed a new last name by usage without going through the court ordered
name change process.
Then, they can list their assumed last name in Item 1C or 12C as applicable. However, their
true legal last name as listed on their birth certificate, court ordered name change,
adoption, or naturalization must be listed in Items 1D or 12D.
If a person uses a different first andlor middle name without having legally changed it by a
court order, adoption, or naturalization, do not issue the marriage license in that name.
They may add their assumed name with an AKA amendment to the marriage certificate
following current procedures.
73
XU!. SUPPORTING DOCUMENTS - CONTiNUED
THE NAME EQUALITY ACT OF 2007 (AS 102, Chapter 567, Statutes of 2007)
The Name Equality Act of 2007 (AB 102, Chapter 567, Statutes of 2007, amended by
AB 1143, Chapter 512, Statutes of 2009) went into effect January 1, 2010, and allows
one or both applicants to a California marriage to elect to change the middle and/or last
names by which each party wishes to be known after they are married by entering the
new name in fields 29A thru 30C, as applicable, on the marriage license application.
This must be done at the time the applicants are applying for the marriage license.
Each party to the marriage may adopt any of the following last names (Family Code
Section 306.5(b)(2)):
• Current last name of the other spouse.
• Last name of either spouse given at birth.
+ A name combining into a single last name ail or a segment of the current
last name or the last name of either spouse given at birth.
+ A hyphenated combination of last names.
Each party to the marriage may adopt any of the following middle names (Family Code
Section 306.5 (b)(3)):
• Current last name of either spouse.
• Last name of either spouse given at birth.
+ A hyphenated combination of the current middle name and the current last
name of the person or spouse.
• A hyphenated combination of the current middle name and the last name
given at birth of the person or spouse.
A segment is a contiguous portion of the name; it is an identifiable match of a portion of the
current last name or the last name given at birth of either spouse. The segment may not omit
or add letters and the letters may not be changed around to create an entirely different
segment that does not match a portion of the current last name or the last name given at birth
of either spouse.
If the parties to the marriage do not select a new name, enter two dashes (--) in each of the
new name fields. The new name fields should not be left blank. In addition, the parties are
not permitted to enter dashes in the middle name field if they have a current middle name.
They also may not use their middle name to make a segment name.
The parties to the marriage may not change their first name.
74
XIV. SAMPLE LETTERS
The following is a sample letter to the person solemnizing the confidential marriage:
TO: JUDGE, CLERGY PERSON, OR COMMISSIONER PERFORMING THE
MARRIAGE CEREMONY
(CONFIDENTIAL MARRIAGE LICENSE)
Please review this marriage license prior to the ceremony. You should confirm that you are
performing the ceremony on or after the date shown in Item 25A, and on or before the date shown
in Item 25B. For confidential marriage licenses to be valid, the ceremony MUST be performed in
the county where the license was ISSUED as shown in Item 25F. Do not perform the ceremony if
the license was issued in a different county. Instruct the couple that they must be married in the
county where the license was issued. They may need to contact the County Clerk's Office for
further instructions.
NOTE: Any person who solemnizes a marriage without first reviewing the marriage license is guilty
of a misdemeanor (Penal Code Section 360).
Make NO ALTERATIONS, ERASURES, STRIKE OVERS, OR WHITE OUT on the marriage
license. Licenses received with alterations, erasures, strike overs, whiteout, etc., will be returned
and a duplicate license will have to be purchased by the person who performed the ceremony.
All sections on the marriage license must be completed in permanent dark ink. It is preferred that
you use BLACK ink; however, Health and Safety Code Section 102130 only requires that the
license be photographically and micrographically reproducible. Licenses received that contain ink
that is not photographically and micrographically reproducible will be returned to the officiant and a
duplicate license will need to be purchased by the person who performed the ceremony.
No witnesses to the ceremony are required, nor are they allowed to sign on the confidential
marriage license.
In addition, no particular form for the ceremony of marriage is required for solemnization of the
marriage, however, the parties shall declare in the physical presence of the person
solemnizing the marriage and necessary witnesses, that they take each other as spouses
(Family Code Section 420(a)).
Items 27A through 28E are to be completed by you. Do not omit any information. The information
required is as follows.: .
Item 27A - Enter the date of the marriage ceremony. Enter as MM/DD/CCYY.
Item 27B - Enter the city or town where the marriage ceremony took place.
Item 27C - Enter the county where the marriage ceremony took place (in some counties this is
already completed at the time the license is issued.)
Item 28A - Sign your usual and customary signature.
Item 28B - A clergy person should enter his/her religious denomination. Non-denominational
may also be entered. Non-clergy and commissioners should enter a dash (-).
Item 28C - Type or print your name.
Item 280 - Type or print your official title (this is the title that gives you the legal authority.
to perform the marriage as listed in Family Code Sections 400-402).
Item 28E - Insert your Address, City, State and Zip code. You may use a street address,
business address, or a U.S. P.O. Box.
Mail or deliver the original license within ten days of the date of the ceremony to the County Clerk's
Office at the address shown in Item 25G on the marriage license.
75
XIV. SAMPLE LETTERS ~ CONTINUED
The following is a sample letter to the prospective parties to the confidential marriage:
TO: PROSPECTIVE PARTIES TO THE MARRIAGE
(CONFIDENTiAL MARRIAGE LICENSE)
With your confidential marriage license you MUST BE MARRIED IN THE COUNTY WHERE YOU
PURCHASED YOUR MARRIAGE LICENSE. You do not need to have any witnesses present at your
ceremony when using the confidential marriage license, nor are witness(es) allowed to sign the
marriage license.
You must present your license to a person AUTHORIZED TO SOLEMNIZE YOUR MARRIAGE (such
as a Judge, Clergy person, or Deputy Commissioner as listed in Family Code Sections 400-402).
You are NOT MARRIED UNTIL A MARRIAGE CEREMONY is performed. The marriage license is
valid for NINETY DAYS. You must be married before the expiration date shown on the license or the
license will be void.
Make NO ALTERATIONS, ERASURES, STRIKE OVERS, OR WHITE OUT on the marriage license.
If there is an error on your marriage license, please contact the County Clerk's Office located at:
After the ceremony, the original license will be returned by the person performing the ceremony to the
County Clerk's Office. To purchase a certified copy of your confidential marriage license, you must do
one of the following:
1. Complete the form given to you at the time you purchased the confidential marriage
license and return it to the County Clerk's Office with $13.00 and a self-addressed
stamped envelope.
2. Either party to the marriage may come into the County Clerk's Office with a
valid picture identification and the appropriate fee to purchase a copy.
3. Either party to the marriage may appear before a notary pUblic or County
Clerk and have their signature acknowledged on a written request for a
certified copy and send it to the County Clerk's Offi.ce with t h ~ appropriate
fee and a self-addressed stamped envelope.
NOTE: Only the parties to the marriage are authorized to purchase a certified
copy of a confidential marriage license.
76
XIV. SAMPLE LETTERS ~ CONTINUED
The following is a sample letter to the person solemnizing the public marriage:
TO: JUDGE, CLERGY PERSON, OR COMMISSIONER PERFORMING THE MARRIAGE CEREMONY
(PUBLIC MARRIAGE LICENSE)
Please review the marriage license prior to the ceremony. You should confirm that you are performing the
ceremony on or after the date shown in Item 25A, and on or before the date shown in Item 25B.
NOTE: The marriage officiant must be satisfied as to the correctness of the statement of facts before
solemnizing the marriage. For this purpose, the officiant may administer oaths and examine the parties and
witnesses in the same manner as the County Clerk does before issuing the marriage license (Family Code
Section 421). Any person who solemnizes a marriage without first reviewing the marriage license is guilty of a
misdemeanor (Penal Code Section 360).
No particular form for the ceremony of marriage is required for solemnization of the marriage, but the patiies
sha/l declare in the physical presence of the person solemnizing the marriage and necessary witnesses
that they take each other as spouses (Family Code Section 420(a)).
Make NO ALTERATIONS, ERASURES, STRIKE OVERS, OR WHITE OUT on the marriage license. Licenses
received with alterations, erasures, strike overs, whiteout, etc., will be returned and a duplicate license will have
to be purchased by the person who performed the ceremony.
All sections on the marriage license must be completed in permanent dark ink. It is preferred that you use
BLACK ink; however, Health & Safety Code Section 102130 only requires that the license be photographically
and micrographically reproducible. Licenses received that contain ink that is not photographically and
micrographically reproducible will be returned to the officiant and a duplicate license will need to be purchased
by the person who peliormed the ceremony.
Items 26A through 27C are to be completed by the witness(es) to the marriage ceremony. Only one witness is
required; however, two witnesses may sign if necessary. There is no age restriction for a witness; however they
should be old enough to sign their name and understand they are witnessing a marriage. Witnesses may use a
street address, business address, or a U.S. P.O. Box when completing Items 26B or 278.
Items 28A through 29E are to be completed by you. Do not omit any information. The information required is as
follows:
Item 28A - Enter the date of the marriage ceremony. Enter.asMM/DD/CCYY.
Item 28B - Enter the city or town where the marriage ceremony took place.
Item 28C - Enter the county where the marriage ceremony took place.
Item 29A - Sign your usual and customary signature.
Item 29B - A clergy person should enter his/her religious denomination. Non-denominational may also be
entered. Non-clergy and commissioners should enter a dash (-).
Item 29C - Type or print your name.
Item 290 - Type or print your official title (this is the title that gives you the legal authority to perform the
marriage as listed in Family Code Sections 400-402).
Item 29E - Insert your Address, City, State and ZIP. You may use a street address, business address or a
U.S. P.O. Box.
Mail or deliver the original license within ten days of the date of the ceremony to the County Recorder at the
address shown in Item 25G on the license.
77
XIV. SAMPLE LETTERS - CONTINUED
The following is a sample letter to the prospective parties to the public marriage:
TO: PROSPECTIVE PARTIES
(PUBLIC MARRIAGE LICENSE)
You must present your marriage license to a person AUTHORIZED TO SOLEMNIZE
MARRIAGES, such as a Judge, Clergy person, or Deputy Commissioner as listed in Family
Code Sections 400-402.
You are NOT MARRiED UNTil A MARRIAGE CEREMONY is performed. The marriage
license is valid for NINETY DAYS. You must be married before the expiration date shown on
the license or the license will be void.
You must have at least one witness present at your marriage ceremony. At least one and no
more than two witnesses must sign as a witness on the marriage license. There is no age
restriction for a witness; however, they must be old enough to sign their name and understand
they are witnessing a marriage.
Make NO ALTERATIONS, ERASURES, STRIKE OVERS, OR WHITE OUT on the marriage
license. If there is an error on your marriage license, please contact the County Clerk's Office
at the following location: _
Detach this form to order a certified copy of your marriage license from the County
Recorder's Office at the address listed on the form.
============================================================================
CERTIFIED COPY REQUEST
TO OBTAIN A CERTIFIED COPY OF YOUR MARRIAGE CERTIFICATE, YOU MAY GO TO THE
COUNTY RECORDER'S OFFICE LISTED BELOW OR YOU MAY MAll A CHECK FOR $__
ALONG WITH A NOTARIZED SWORN STATEMENT AND A STAMPED, SELF-ADDRESSED
ENVELOPE TO THE FOLLOWING
COUNTY RECORDER NAME: ----:--- _
ADDRESS:
PLEASE PROVIDE THE FOllOWING INFORMATION:
FULL NAME OF FIRST PERSON BEFORE MARRIAGE
DATE OF MARRIAGE
CURRENT MAILING ADDRESS
FULL NAME OF SECOND PERSON BEFORE MARRIAGE
============================================================================
78
XV. GODING INFORMATION
The following are local numbers for use in vital records registration:
Alameda 01
Berkeley 61
Alpine 02
Amador 03
Butte 04
Calaveras 05
Colusa 06
Contra Costa 07
Del Norte 08
El Dorado 09
Fresno 10
Glenn 11
Humboldt 12
Imperial 13
Inyo 14
Kern 15
Kings 16
Lake 17
Lassen 18
Los Angeles 19
Long Beach 62
Pasadena 63
Madera 20
Marin 21
Mariposa 22
Mendocino 23
Merced 24
Modoc 25
Mono 26
Monterey 27
Napa 28
Nevada 29
Orange 30
Placer 31
Plumas 32
Riverside 33
Sacramento 34
San Benito 35
San Bernardino 36
San Diego 37
San Francisco 38
San Joaquin 39
San Luis Obispo 40
San Mateo .41
Santa Barbara .42
Santa Clara 43
Santa Cruz .44
Shasta .45
Sierra .46
Siskiyou .47
Solano .48
Sonoma 49
Stanislaus 50
Sutter 51
Tehama 52
Trinity 53
Tulare 54
Tuolumne 55
Ventura 56
Yolo 57
Yuba 58
79
xv. CODING INFORMATION ~ CONTINUED
The following are standard state abbreviations:
Alabama AL
A!aska AK
Arizona AZ
Arkansas AR
California CA
Colorado CO
Connecticut.. CT
Delaware DE
District of Columbia DC
Florida FL
Georgia GA
Hawaii HI
Idaho IO
lllinois IL
Indiana IN
lowa IA
Kansas KS
Kentucky KY
Louisiana '" LA
Maine ME
Maryland MO
Massachusetts MA
Michigan MI
Minnesota MN
Mississippi MS
Missouri MO
Montana MT
Nebraska NE
Nevada NV
New Hampshire NH
New Jersey NJ
New Mexico NM
New york NY
North Carolina NC
North Dakota NO
Ohio OH
Oklahoma OK
Oregon OR
Pennsylvania PA
Rhode Island RI
South Carolina SC
South Dakota SO
Tennessee TN
Texas TX
Utah UT
Vermont VT
Virginia VA
Washington WA
West Virginia WV
Wisconsin WI
Wyoming Wy
Country
Canada CN
China CH
Cuba CU
Guam GU
Japan JA
Mexico MX
Philippine Islands PI
Puerto Rico PR
Vietnam VN
Virgin Islands VI
Spell out other foreign countries or
use an appropriate three to six letter
abbreviation.
80
XVI. APPROVED MARRIAGE FORMS
The following pages contain the approved marriage license forms:
.. Version 01/01/2010
81
ST.ATE FltE I'JUltBeR
LICENSE AND CERTIFICATE OP MARRIAGE
FOR DENOMINATIONS NOT HAVING CLERGY
1140$T BE LEGIBLE-MAKE 1'.10 EP.,t.,SURES, WHITEOLffS, OR OTHER,A.LTERJ:.T!ot'm
USE DARK INK ONLY LOCflLREGISTR,;TION 1'-lUMBER
t';,. fJ R8T IIlA.ME ; 18.·loAl0DLE
I
,
le. ClJRREtn LAST to. L.t..ST N.t,MEAT BIRTH (IF D1FFE.REI'ITTHAI'>l :I C)
2, DATE OF BIFffH (MMlDDJCCYY) 13' ST,J.:.TEiQOL,INTRY .oF SJRTHl't #PREV. MARRIAGESrSPDF'
6. ADDRESS 17< cnY
iDto., F!JLL St.RTH N,';M-E (IF
5A. LIl,ST WiARRIA,GEISRDP ENDED BY:. 158. D'A1EENDED (1"11 M!'DD!CCYY)
• '. 1
0. DEP:TH 0 DISSO Df:NNIJUiolENf DTERIo1:Sr.OPO H,:;;l
'8. STATE/COUNTRY Ig.ZiPf.:OOE
) 1:0.8. STATE OF- ElIRTH {IF. OUTSIDE U,S. E)'HER COUNTRY)
, ..
,
1jA_ F.ULLBIRTH lio\hl·E Of MOTHEHiPARENT } 118. sT..nE OF BIRTH {IF OUTSIDE U,S.ENTER COUNTRY)
:
11/1.. FULL BIRTH AAM EOF F1'iT·HERiP,lI,RENT : :(18, STATE'9F B!RTH OF OU'TSIGE )j.S, ENTER COUNTRY)
,
., I
n,ADDf:ESS 118'C:1TY 120.ZIPCODE
13. DATE OF BIRTH tMIMDDfCCYYT)1-4. STATE/COUl'.lIRYOf BIRTH 11.5, #- PREVo UST .. END. ED BY,· :168. DATE ENDED IhiM/DDICCI'Y)
I DOEP,:rH 0 i'!ISSO D-AI>l.t-:lULMElo./T p 0
'i 20. LA.ST NAM E AT BrRTH DIFfERENr:TH.1; 12C)
:128, MIDDLE
.,
,
I
LA.ST
'21A, FULL BiRTH N..A.I,AEO-f MOTHE:RIPIi.F;EhlT I :08,'ST,!;,TE (IF BIRTH (IF QU'r81P.EU.8, ElIITER COUI-./TRY)
I
I
WE, THE I)NDERS1(il<JED, DECLARE UJ'>lDER PEI'l,tl;LT')' OF PERjURY UNDER THE L'::WS OF:THE STATE OF C;:,UFORNIA TH.';T 'NE ARE ·UNMARRIED ,l<.HD TH.!;,T THE FOREGOING
INFORMATiON IS TRUE' AI>JD .cORRECT TO THE BEST OF OUR ..!:,ND BELIEF, \NE FURTHER DECLt:.RE TH"r bJo LEGAL TO THE J-!OR TO THE
SSUAr-lCE OF A UCEhlSE IS I<:NOVI/,I-.l TO US. WE ;.,CKNOWLEDGE RECEIPT OF THE INFOJiMATION REQUIRED BY fAM IlY CODE SECTION 358 AND HEREBY APPLY FOR A UGHJSE
A; bID CERTJFICATE OF MARRIAGE DEI'JOMlI'J.A.TIOI'JS 1>10T HAVll'l(;' CLEF,'GY,
23. OF PERSOt'lllSTED IN FJELDS l2:.SIGNft.lURE, OF PERSON USTED IN fiELDS 11A-12D
I, lHE DD HEHEBY C-E:R1IFY THAT THE ABOV-E-N,a.MED PARTIES H.::.,VE PERSQNALLY APPEARED BEF.ORE, II"lE AND fRaYED TO ME ON THE SA,SIS. OF
SATISF,.;CTORY EVIDSNCETO EETI-H::'PERSQt-lS ClAIMEO. HAVE DECLA.RED TW,TTHEY MEET P.LL THE REQ'UIREIii\ENTS 0:;:' THE L:"'N, AI\lD HAVE PAID THE FEES 'PRESCRIBED BY
LA,,\!. THESE REQU1REMENTS·riAVlI-.lG BEEN I HEREBY l.Ss8E AND CERTIFICA1E OF M.b,h·RiAGE FOft DENOI'1IN,::.TIOI'lS NOT f't.!:,VING CLERGY, REQ'UJRED
C-OI'lSEI\!TS.iJ..l'>lD.:'FF1[\/l.VfTS FORTHE ISf,U,.;I'>lCE OF \HIS L1CENSEARF mJ FILE:'
o
....
w
w
E
" ::J
25..\. ISSUE DHE (I'll t1:fDDrCc\,y) f 15B. E)[PI F:ES AFTER (MMI.DDJCC\' Y) I 25C. OF .cLERK I 25tt sIGI'JATUR2 QF CLERK·OR DEPUTY CLERK
, ' I 1
, I 1,8'1'","
25E. ·MARRI,'='.O::;1=. UCENSENIJMEf;R : 25F, COUNTY OF ISSUE : 258. RnURN ucENSE TO (INCLUDE ADDRESS.):
, ,
I ,
, ,
WE, THE PART1E$, DECLA,RE UNDER PEN.u.LT'i' OF PERJURY UNDER THE: LAWS OF THE SlATE OF CALIFORNIA, THAT Wt=Rt: ljo,l IrlARR!AGE IN
ACCOROA).JG.EWITHTHE RULES cy£T(')<'lS OF (tUR REUG1'JUS SOCI:ETY OR DEl\lOM1NATIOlo.iAND IN.';CCORDANDE VvlTHTHE UI.\!VS OF THE STAn: OF
z
o

:\
g
o
26,-\,. DATE OF·MARR.IA'GE.{Mf'J1JDDiCCY'''l: 268, HEUGIOUS
,
21.. sJGN.A,TURE OF P5RSON'USrED 1.0;-10
>.
1 '16C, CITY/TOWN OF MARB,lboGE OF li'tr,Rf:IAGE
I r
, ,
2,9,A.. SIGJ'.,lP..TURE OF I :wa, N.'\t!l1E OF F'ERSON'v"!ITi\IESSING MARRIA.GE (TYPE Cl.EARLY}

I
WE, IHE.UNDER£':l8NED, \..Jt'JDER F'EN,l>,LTY OF 'PER.JURY UNDER THE' l}i,\.''/S OF ruE STArE OF CAllFORI'>lIA, THAT \lVE WERE PHYSIC.A.ll.Y PRESENT AT THE
CEREMONY PER801-.JS, A,S ovE-NAMED COMPLETE THE tAARRlIJ,GE CEREIIi ON)', Tf-JATTHE CEREhWtN OCCURRED tN
C,.!l.L1FORNl.l;",j,r.JOTH..tl,Tl.i-1E FOREGOll'J':;- INFORMP.TIOI'.j IS tRUE' p.,ND CORRECTTC' THE BEST OF OUR KI'-IOWLEDGE ;,1'10 8EUEF.
290; ADDRESS, CITY, STATEJCOUNTRY, AND ZIP CODE
30A. SIGNA:'rURE OF

300. ADDRESS, CITY, STATEf(.."OUNTf?Y,.AND LiP CODE
..NAME OF MARR1AGE (TYPE ORPRINT CLE.ll.,RLY)
,. .
,.
NE-WMIDDLEAN.D LAST NA.MEOF PERSON LISTED IN 1A_1D (IF ANY) FOR USE UPON SOLEMNllATIOltOF THE (SEE REVERSE FORINFORMA-T10N)
31A;flRST -MUST Bf SAME AS''IA .3'18. MIDDLE ,.31C,-LAST
I ,.
NEWMIOPLE AND LAST N,AME OF PERS0W LISTED IN ANY) FOR USE UPON. OF THE: MA-RRIA.GE lSEE flEVERSE FOR It{FO.RMAT!ONl
32A, FIRST ... MUs;r BE' SAME AS 12A MIDDLE I 32c.·LAS:r
, ,
LOCAl
HEGISrF'AR
33A, OF LOCAL REGISTRAR I 3'38, CLERK OR-DEPUTY GLERK
I
BY
r 330, b;;.TE ACCEPtED FOH REGJSTRIl,T10N
I
I
STArE OF C'::'UFORr..jIA, DEP..4.RTltlE:N1:DF PUBUCHEA'L'TH, O·FFICE OF VrTALREGORD& VS-115 (OH01n-010)
82
STATE "FILE NUtt,'BER
LICENSE AND CERTIFICATE OF
DECLARATION OF MARRIAGE
MUST BE -LEGIBLE hlO ERA·SllRE S, V\fHiTEOUTS, OR OTHER ,A:LTER;,T:ON8
USE DARK INK ONLY LOC,f..LREGISTRATION NUMBEF'
1';. FIRST 11B. MIDDLE
,
,.
lC, LA.ST 1,D. L....ST Nt-.MEAT BIRTH (IF 1C)
2, DA.TE0 F 8tRTH (M MlDD/CCYY) 13' TEiCOLJNTRY -OF 8.IRTHI4. #REV. M GES/SRDP
6. ADDRESS r. -CITY
10.A.. f!JLL B1RTH NAlvl'E OF FATHER/P.t..REhrr
SA. LA.ST IMRRl.';GEJSRQP ENDED B'r':. ; 58. DATE Et-JDED {M IMDQJCCYY;l
QDEATH ODISSO O}:.NNULMEfliOTER1J,.SRDPDhl.lAI
Is, ST'ATEICOUI'lTRY 19, iiP CODE
STATE OJ BIRTti (IF. OUTSlqE 1.13. ENTER COUI';lTRY)
,
1l.A.. FULL 81RTi-ll-.t';MEnF MOTHEPJP'::.HENT :118, STATE OF BIRTH (IF OUTSIDE U.S. ENTEfi: COUI'-'TRY)
: _N
1"2A. FIRSl N..;ME :'I2B.MlDDLE
.
,
.
21ft.. F.ULL BIRTH !'I1.';ME Of FATHER/PAREbIT 1218. STATE OF B!RTH (II:" OUTSIDE U,S. ENTERCOUI;iTRY)
,
,
17.ADDfESS 1'8. CITY .1'"'.!3T.<TEJ(.OUI,CCRY
n DATE OF' 61F;TH (ll1llOlfDDICCYYiI14. STATEfCOUI'.fIR'fOF 81RTI-l PRE',!. MARRlAGES/SRDP 16.!... LAS1 8Y: : 1.8B. DATE EhlDED lMMIDDiCC\"\')
I I DDE..I1J"HDOISSODANt-lUlblEI<IT01EPJJSRbPD!'l/AI
.1:m. LAS; ['.lAME .A.T 8IRTH(IF THA,N 12C) 12C. CURREt..rt. LA.ST
221\;. FULL BIRTH I\Lt\M EOF : 218, ST....,TE OF BIF.'fH ilF O1.{rSIDE !J.S, COUblTRYj
,
WE:, 1HE DECU.RE UI·WER.PEtJAlTY OF PERJURY UNDER THE Lll.WS o.F THE ST,.;TE:o.F CAUFOF.:I'Illtl. TH.:l.T THE F0f.EGOING 1l'JFORM.-\TlO\'liS TRUE AND CORRECT
o THE BEST Of OUR 1(I\IO'NLEDGE AI'.!D BEllEF. V)'E FURTHER DECLA,F:E THAT WE ,!:..RE PRESENTLY MA.RRIED TO EACH OTHER:TH.:'.T A C.I\UFORI>Jl..e,M.tl.RRIAGE UCENSE WAS
foST..e.ltJED PR!OR TO THE CEREMONY, ,t.IIID Tl-\.4.T THE CEREM Ol-J'{ OCCURRED IN CALIFORNIA. WE ,lI.CKNOitVLEOGE RECEIPT OF THE REQUIRED S'{ FAMILY CODE"
SECTION 359 AHD HEREBY,"'.PPLY FOR A UCEI'.!SE CEF:T1FIC..;TE OF DECL.;RATIOhl
2: SIGI'{ATURE OF PERSON LISTED lIo,jFlELDS 1.. OF P.ERSON US:rE-D IN FIELDS 11A-120
1, THE UNDERSIGNED,. DO HEREBY CERTIFY TH,n THE PARTIES H.4,VE PERSO'NALlY .e.:PPEARED BEF-ORE ME AI'JD PROVED TO ME ON THE
SATISFACTORY EVIDE.N.cE TO BE THE PERS01..jS HAVE DE;LAREP THtl.jTHEY MEET ALL THE OF THE LJI.,W, AI\l[l H..WE PAID THE PRESCRIBED BY
Ll:..W.THESE REQUIREMENTS H.;ViNG BEEN MS", I HEREB'( iSSUE THE UCENSE. CERTIFICA.TE OF DECLA,R.A,TION OF .
25.l\.ISSUE DATE (tl'1bHDDJCCYY) ,258. EXPIRES AFrER. (MhUDDiCCVY)
,
,
• 25C.I-i,A.ME OF':COUI\lTY'CliRK SIGI·J.il:rURE OF CLERK-ORDEPUTY CLERK
• I
l leyl>
25E. 'MARRI.';GE UCENS.E NlJk4HER \ 25F. C:OUIm' OJ: ISSUE
,
:
,
15G. RHl,lR:I-.l-COI"'PLETEO j,l·,L.F;R),;GE UCE TO (I!-JGLUDE ADDRESS);
,
..
THE PAF(TIES, OE£LARE Ul-JDER OF PERJURY UI'.!DER 'THE LAWS OF THE ST.!J,TE OF CALlFOf;'hl,IA, THAT WE \\iERE JOIl'.!EO II'.! IN
,!'.,(:CORD."'NCE WITH THE L;VvS O.r THE.:ST,\l.TE {)F CAUF()RNI.i:, AS 1l\ID1CATED BELOW
25,0\. DATE -OF MARRIAGE (MMfD,OJCCYYI : 2138. C!T'ffTO-VVN-QF MARRiA.GE
,
27. OF P6RSON"llSTED ItF'lELOS 1;'.-10
: 2GC, CO\.!I-lT'( OF M.to.RRIAGE
,
.
:;:9.4.. SIGNP-, TUF:E 0 FV\lmfESS I 198. ME 0F F·t::RS 0 NWITNEsSltW E (TYPE OR PRINT 'CLEARL'f)
,
,
\1\IE, 1HE DECI.!-RE UI-JDER PENP-.LT" OF PERJURV UI\IOER THE OF THE ST.".TE Of C."UFORNIA, TI---lP-.T l,\tE '\.'\IERE PHYSICALLY PRESENT AT THE
CEREll'lO!'>IY OF. _THE P.....RTIES, WITNESSED THE PERSONS COMPLETE THE MARRl::'.GE CEF:EMONY. THAT IHE CEREMONY O'CCURRED IN
C.!.'.. UF 0 .. ,,n;lJO TH.e.T THE FORE GOU'K, II'IFa RM."'.TION IS TRUt;" AND CORRECT TO THE BE 8T OF OUR I(NOVIlLE DGE;-.I'JO 8EUEF.
29C: ADDRESS, CITY,_ ST,A.TErCa UNTRY, A,ND LiP -co DE
3OA. SlGN,t.. TURE 'uFV'mNESS
l-
30C. ADDREBS, CITY,. Z.IP .cODE
, 30B.NAME'OF r-ERSNJV'!'ITNESBING Ilti:.RRlAGE (TYPE O"R PRINT CLE.;RLY)'
I .
.
NEWMJDDLE MilD LAS.T NAME OF- P.ERSON LISTED IN 1A--1D (IF ANY) FOR USE UPON. SOLEMNIZ:ATlON GF THE MARRIAGE (SEE REVERSE FOR IN.FORMATION)
31A. FIRST - "''lUst SESAME AS 1A- 1318. MID:DLE 131C.LAST
j J:
NEWMIDDLE AND LAST NAMEDF PERSO.N LlSTED·IN 12.4-120 (IF ANY) FQRUSE UPON SqLEMNiZATlON OF THE MARRJAGE (SEE REVERSE FOR INFORMATION)
32A. FIRST - MUST -BE SA-ME AS 12A 1328. MiDDLE I 32C. LAST
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REG1SfF:ti.H
33A. OF LOCAL REG1SiRi..R 'J 33B. SIG:l'>iATURE DF CLERK OR, DEPlJT'{ CLERK
,
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1330. DATE ACC.EP'rt:.D POH REGJSTR:"TION
,
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SlATE b'F CAUFORNIA, DEP.';RTl4IENTOF P-US'UC HEA.LTi-I., 0"F.F1CE o,FvrrALRECOHDS VS-116 (01101-f20Hl)
83
ST.'!:'TE fILE NUM'EiER
LICENSE AND CERTrF1CATE OF MARRIAGE'
MUST BE LEG1BLE-M.!l.YE 1'.10 ER!l..Sl.tRI:S, WHITEOUTS, OR
. USE DARK INK ONLY LOCIl LREGIS, RATION
1A. FIRST hlAI.rE J1Ei.MJDOLJ=
,
,
C. 10. lAST EAT BIRTH (If D.lFFE;R5NTTHA.N 1C)
1, O;TEbF 18. STATEiCOUblTRY OF #PREV.
6. ADD,RESS r.GIn'
1U:I" FULL B1RT.H Nt·.ME (.IF F
SA. L.r;sT h-1ARRIAGE/SRDP El'>lDED BY:, 158. O'ATE ENDED (11",IMDD!CCYY)
,
aDEAT8 D.DISSO 0 € P0 If:A, I
18. STATEJCOLJ1·.rrRY 19; ZiP CODE
klOB. STATED.t BIRTH (IF.' OUTSIDE U,S. ENTER cov"rr-RY)
, "
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FUu.. Bn:n1-:l N..;ME OF MOTHERfPJ.,RENT :11B. Q.F BIRTH QF OUT'SJOE U.s. ENTER: COUNTRY)
: <",
11A. FIF$,1 NAME MIDDLE
I
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12C.. CuRRENT LAST 1;m, LAST NA!\'lE ATSIRTH (If. C'lFFERENT THAN.l?C)
t3. Dt-,TE t:J BIRTH (MMfDDfCCYYil1-,t STATEfC(lUbflP,Y OF BIRTH 115. #- PRe,!. NtARR1AG.ESJSRDP 1:f,A, LAST M.Il,.RRJAG-EJSRt:ip HIDE,D BY:, iHj8. DATE END'ED (MMfOD/CCY1')
I . DDfATH D DISSO O!'-·Nf,lllUAEI-ITDTERI,!SRlJPDNJ..1,I,
ri', ADDRESS re, CITY 119:':s:r!'TEJI:::OUliTRY /20.ZI,F CODE
21,4.. FULL81RTH OF FATHERfP,';RENI 1218. 8T;;TE OF B!RTH (II' QUTSIDE ,u.s. EmER COUNTRY)
,
,
BIRTH N.A,'ME OF M·OTHEPJP.Il..RENT 121S ST,II.TE; OF Sl'RT14 (IF oUrSIDE IJ.S. EbJTER
,
,
WE., THE UNDERSIG'NED DECL-\RE UNDER PENALTY OF PEF.:JURY UNDER THE L:i,WB. OF ,T;.,E STATE OF CAUF-ORNlM THAT WEARE' AND THAT THE FOREGOll'.lG
1!'-IFORM,;T10I-.j IS TF.1UE ?,1'lD COHRECT TO THE BEST OF dUR t::I,JO"/liLEDGE ;!l.I'JD EElIEF,. WE FURTHER DECLAF:E THAi 1\10 lEG,I!,L TO THe MARRIAGE 1,!OR TO THE
sSW,NeE OF P, UCEt'JSE IS KNOVVI"! TO US. V'VE ACKNO'NlEDGE- RECEIPT OF THE REQUIRED BY FAl-AILY CODE SECTIOI'<l 35$ A,ND HEREBY ;'.PPLY FOR A L!CENSE
';ND CERTIFICATE OF MARRIAGE.
23. SlGt.J..'.:,T\..JRE OF PERSObl1JSTED IN 1;"-10
,
,I '2:',.81 GrJP. TURE. 0 F PE RSON USTED IN FIELD$ 12A·120
1, THE P'ARTIES TO BE j{/l,RRIEO"HAVE. .e·P-PEt-.r;ED BEFORE mE PERSON THE'
PE.RSOhl,!:,U.Y APPE,e>.f;ED BEFORE hlE ,/lJJD PRESEl'lTED AfflD!'MT SlGNEI\ BY TH E PARTIES TO BE MARRIED THAT (INE OR BOTH 'OF THE PARTIES AAE'F'H'I'SIC PLL'f LlN,!\8lE Tl)
P,PPEAR E}:?u:JNING- THE TI1Ef:EFOR IN FM1l.l_Y C(.onE 41&. THE PPRTlES PRe'VED TO ME. THE E!';SIS Of Sft.TlSF.l:f.;TQl\YEVI[,EI>lCE TO BE THE
, ERSO\6 CLAlMED, HA\-'E DE CL=-RED THAT THE'I ALL OF THE REGUiREI'1E-NTs .of THE LAW, ,I>l>lD HA'vE PAID 111E FEES PRESCRIBED BY L.ll/!\!. ,:,NO IS HEF:E.a·1
(7
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THE Sl.e,TE OF CALIFORNIA TO THE OF THE ;:aO\!f ..i'!Al,1ED PERSONS.
25.,;.. ISSUE DATE ,258. E>:,PIRES •.;FTER(If.IMDO!CCYY) ,250. OF C.oUllfrf CLERK ] 250. SIGNATURE OF CLERI:C OR DEPUTY CLERK"
, I I
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25E. l'!tl\F$IAGE UCElilSE NUMBER I 25F, COUWY OF ISSlJE I 25G. RETURN CQ'MPLETED MARRl.I.l,GEUG.ENSE TO ADOF:E33):
I' , .
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26A, SIG.NATu.RE QF 1268. M.t:..RRlA$E (TYPE-DR PRINTCLEP.RI,Y)
*5 . .
___ 0 <:: 16C, ADDRESS, 'CITY, STATEICOUI'lTRY, CODE.

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1298, REUGIOUS DENOMINATION (IF CLERGY).
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j 29b. OFFICI.A,t TITl.£
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2.9E..ADDRESS, CITY, ST.t:.TEfCOVtITRY, AND ,ZIP CqDE
2BC. Nl.. ME Of PERSON MriRRIP-.GE (T'lf'SQR
:t£A SIGNATURE-OF PERSON.SOLEI\4NIZING
, THE UI.JDER51-Gt,H:D, DECLilRE UND.ER PEIVlIRY THE L4'VS 'OF THE THAT THE .p,c,RIIES l!1/J:RE JO!NEDS'i Me ..RR1AGF IN
;Lll' 1->C.,.C_O_R.... D-"',,-K:-E:cV.""_H,,':-HE-:L=".,.".,.s.,.O':-''''H:-E::-S''''A_T'_C_"_·'C_A_Llf_O_R_Nl_A,_"_OT_'_'·,...71:-:",,"-:",,":c
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ffi 28.;. O.ATEOF MttRRIAGE (MMJODjCCYY) 288. CrTYiTOV\fh! OF MARRiAGE .:;ZSC.. COUNTY OF MAHRIAGE
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0:;:,
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ffi£
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NEV"/MlDDLE AND LAST NAME OF PERSON LISTED IN 1fJ,...10 (IF ANY) FOR USE UPON SOLEMNIZA.TION OF THE MARRlfl-GE (SEE REVERSE FqRINFO'RMATlON)
>: 30A.F:!RSI .... 1'JiUSTBFSAME:AS1A : 30a.t.1IDOlE :30C.:-lAST
;1;;6=====.""""'=====""''''''''''==;!-r==='''''===''''=====''''''''',,,,!='i'?==.,.,,-=====u;------- NEWMlDuLE AJ>!D LAST NAME. OF PERSON LISTED IN 12A.·120 (IF ANY• .FGRUSE UPON SOl,..EMNIZATIOIi OF THE MA-RRIAG-E'{SEE
..... 31A. SAME AS·t2A.
1
31.B. t.iJDDLE J3.1C. LAST'
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lOCAl. .. N.,f"ME Of Locp,L REGI8T-RA,R
REG1STPJ,R
t 32j3., SIGNATURE OF cLERK OR DEPUTY CLERK
I BY'"
1 32C., D,.!.,TE ,A.CCEPTED FOR
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STATE OF CALIFORNJ.I:., OE?ARTME·"hIT OF' PUBUC HEALTH, OFFIC-EDFVrr;;.LRE2CQHDS
84

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