300 to 360: Legal Requirements for Marriage in California
Marriage in California is not simply a personal commitment. It is a civil contract that creates legal responsibilities and rights. These laws define who can marry, how marriages are officially established, and what legal steps must be followed before and after the ceremony.
This part of the Family Code outlines the rules governing the validity of marriage and the process of obtaining a marriage license.
300 to 301: What Makes a Marriage Legally Valid
Marriage in California is a legal contract between two consenting individuals. Consent is essential, but it is not enough on its own. The law requires a marriage license and an official ceremony, except in specific rare cases.
“Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division.”
— Family Code §300
Any two unmarried persons who are at least 18 years old and legally capable of entering into a contract can marry. The law recognizes marriage between any two individuals, regardless of gender.
302 to 304: Marriage for Minors
A person under 18 may marry, but only with a court order and the written consent of a parent or legal guardian. The court takes this decision seriously and requires:
- Interviews with the minor and their parent or guardian
- A written report from Family Court Services evaluating the relationship
- An in-camera interview with each minor
- A 30-day waiting period for minors 17 or younger
The court must consider signs of coercion or abuse. Counseling may be required before the marriage license is issued.
Some of these conditions are waived if the minor has completed high school or is pregnant.
305 to 310: Formalizing the Marriage
Marriage must be solemnized and recorded with the county. After the ceremony, the license is signed and returned to the county recorder to become an official marriage certificate.
Parties are not required to change their names upon marriage. However, if they choose to adopt a new name, they must do so on the marriage license application. This change becomes legal when the marriage certificate is issued.
Marriages performed outside California are valid in this state if they are valid where they occurred. If either person denies the marriage took place, the other may ask a court to confirm it.
A marriage ends only through death, legal annulment, or a judgment of dissolution.
350 to 360: Marriage License Requirements
Before a marriage takes place, a couple must obtain a license from the county clerk. The application process requires:
- Valid photo identification
- Completion of the marriage license form
- An affidavit confirming that each party received the state’s informational brochure
The brochure includes details about domestic violence, AIDS testing, genetic disorders, and name change options.
The license is valid for 90 days. If it is lost or destroyed after the ceremony but before it is recorded, the officiant must obtain a duplicate within one year. If it is lost before the ceremony, the couple must apply for a new license.
Marriage licenses may include a residential, business, or post office box address, depending on the applicant’s preference.
Conclusion
Marriage in California carries legal weight, and the process to enter into one is structured to ensure clarity, consent, and documentation. From age requirements and name changes to formal licensing rules, these laws protect both individuals and the public interest. Understanding these steps ensures couples are legally protected from the start, and it reinforces the seriousness of the commitment they are making.