What If Marriage License Was Never Recorded In California?

In California, marriage licenses are legally recognized under most circumstances, even if there is a technical defect in the marriage license. The process for filing a marriage license and certificate involves two parties applying for a license, having a wedding ceremony, and the officiant signing the license. If no record of the solemnization is found, a valid marriage is found when these elements are established: consent, issuance of a license, and solemnization.

In most cases, you are still considered married without registering the license. To obtain a copy of your marriage license, you must request and pay for a certified copy from the County Clerk or County Recorder. If the license does not get registered, the state will be unaware of your new status and you cannot get your marriage certificate.

To be eligible for a confidential marriage license, both parties must be at least 18 years old, living together as spouses at the time they apply for the license, and sign an affidavit affirming this fact. If the license does not get registered, you are still considered married.

If you discover that you never filed your marriage license, contact your local county clerk’s office and request a marriage certificate (proof of marriage) after the marriage license is registered with the County Recorder. Marriage licenses are valid for 90 days from the date of issuance, and if you do not get married within 90 days, the license will no longer be valid.

Does a California marriage license expire?

If you’ve been married before, you need to know when your last marriage ended and how. Some counties may require a copy of the final judgment if your previous marriage ended by dissolution or nullity. Marriage licenses are valid for 90 days. If you don’t marry within 90 days, the license is no longer valid. You must buy a new license. Many county clerks in California perform civil marriage ceremonies. For more information about civil marriage ceremonies, contact the County Clerk’s Office directly. The California Family Code, Section 400, lists the people who can perform marriage ceremonies in California.

A priest, minister, or rabbi. ; A judge or retired judge. ; A judge or magistrate who has resigned. ; Any of the following judges or magistrates of the United States. ; A justice or retired justice of the United States Supreme Court. A judge or retired judge of a court of appeals, a district court, or a court created by an act of Congress. A judge or retired judge of a bankruptcy court or a tax court. A United States magistrate or retired magistrate. A legislator or constitutional officer of this state or a member of Congress who represents a district within this state, while that person holds office.

How do I verify a marriage in California?

How to find marriage records in California. Marriage records are at the California Department of Public Health or the county clerk’s office where the marriage took place. You can find marriage records by:

Submit electronically; mail in request; visit the County Clerk’s Office.

Submit online through accredited third parties for onward transmission to the CDPH-VR or the appropriate County Clerk’s Office.

You can also find marriage records on third-party platforms. These platforms provide access to public records from multiple jurisdictions. To request marriage records, log in to any third-party website and provide the following information when prompted:

What makes a marriage official in California?

A marriage must have four things: consent, a license, a ceremony, and proof. A valid marriage in California requires the consent of both parties. But consent alone doesn’t make a marriage. To make a marriage valid, the couple must get a license, get married, and have it certified. The license must be returned to the county recorder. If someone doesn’t meet the requirements, it doesn’t mean the marriage is invalid. If the officiant doesn’t return the certificate or confidential license, the marriage isn’t invalid. A marriage is invalid if the parties don’t comply with the law, like if they don’t get a marriage license. California also abolished common law marriage. A marriage can’t be created in California just by the couple agreeing to marry or living together. A valid marriage must be entered into by people who can make the contract. The parties must be at least 18, of sound mind, and not deprived of their civil rights. However, minors under 18 can get a marriage license with a court order, according to Family Code Section 304.

How long do you have to file your marriage certificate in California?

California marriage license requirements. You can get your license at any county clerk’s office in California. You don’t need to get your license in the county where you live or where you’re getting married. Call the County Clerk’s office to see if you need an appointment. Some counties have long lines. Both you and your fiancé must apply together at any County Clerk’s office. Bring a photo ID to verify your identity. Some counties say you should bring certified copies of your birth certificates. You must know your parents’ names, your mother’s maiden name, and where they were born. Call the clerk’s office before you go to make sure you have everything you need. California marriage licenses are only valid for 90 days, so get yours within 90 days of your wedding date. There is no blood test or waiting period. The clerk will give you your license right away. If you have been married before, you must show proof of divorce, death, or annulment. The cost for applying varies by county. Some counties only accept cash payments. After your ceremony, your officiant must file your license within 10 days. You can submit requests for certified copies beginning 7 days after the wedding date. Your marriage license packet includes instructions for obtaining certified copies. Don’t forget! Bring your marriage license to your wedding. Without it, your officiant cannot marry you. Your officiant will file it with the county, and the county will mail it back to you to confirm that everything is official. There are also options for couples who want to get married online in California. Some couples use an existing California marriage license, but most start a new application. See our California Online Marriage page for more info.

California Confidential Marriage License Requirements. The California Department of Public Health says:

What is the difference between a marriage license and a marriage certificate in California?

A marriage license allows a couple to get married. A marriage certificate proves that a marriage has taken place. To get a copy of the marriage license or application, call 775-784-7287 or visit washoecounty.gov/clerks.

Can you void a marriage in California?

Seek guidance from a qualified California annulment attorney. Annulment makes a marriage null and void. Obtaining an annulment in California can be complex. While divorce is more common, annulment is available in California under certain circumstances. If you think your marriage may be annulled, it’s best to consult an experienced family law attorney. Contact a Beverly Hills family law lawyer today. If you’re going through a divorce, you need a strong team fighting for your rights. Call Berenji & Associates today. Beverly Hills Office: 9595 Wilshire Blvd., Ste. 959, Beverly Hills, CA 90212; 271-6290.

What makes a marriage invalid in California?

Courts in California often invalidate marriage licenses for various reasons. No incestuous marriages. Relatives can’t marry. The law says that marriages involving blood relatives cannot exist.

An invalid marriage is one that the state does not recognize as legal. In California, some unions are void and others voidable. This can affect property ownership and financial planning. If the court says your marriage is invalid, your options for ending it may change. Knowing why a marriage is invalid can help you plan for the future.

Understanding valid marriages. In California, a marriage is valid if the couple gets a county marriage license and has a ceremony with a legally authorized official. If the couple meets the licensing terms, the county issues a marriage certificate and they start their lives together. A marriage certificate doesn’t always prove your marriage is valid. The state considers some marriage licenses invalid and others invalidable. If you and your spouse haven’t done anything wrong, your marriage is probably valid. You probably need to file for a divorce or legal separation, not an annulment.

Do I need to register my marriage in the US if I get married abroad?

The U.S. doesn’t have a national marriage registry. U.S. states recognize marriages from other states and countries. If you got married legally in the country or state where you did, your marriage is recognized in the United States. The only exception is for naturalization. Learn more about marriage for immigration here. If you are getting married abroad, the U.S. State Department website has helpful information.

Is a marriage legal without a license in California?

Yes. California doesn’t recognize common-law marriage. It was abolished in 1895. If a couple doesn’t have a marriage license, their marriage is invalid. They remain single. Elopements are popular in California.

What happens if you don’t turn in your marriage license in California?

You’re worried about your marriage being legal. Let me help. If you applied for a license and got married by a California officiant, you are legally married. You are still married without registering the license. California law says the officiant must return the license to the county clerk or recorder within 10 days of the ceremony. If this doesn’t happen, you’re still married. If you don’t record your marriage license, it won’t invalidate your marriage. If both spouses don’t argue about the marriage, it won’t become an issue. If one spouse does and the other doesn’t, the courts will likely decide it’s a legal marriage. I hope that’s clear. It’s best to file for a divorce now. You can’t predict what the other spouse will do in the future. It’s usually easy to file an uncontested divorce. I hope this helps. If you have more questions, reply here and I’ll help. Thanks for the help. Does an uncontested divorce affect assets and finances? I own property and she doesn’t. I make more money than she does. I hope she doesn’t take me to the cleaners, but who knows?

How long do you have to file a marriage license in California?

You must get married within 90 days of getting your license in California. If you’re not married in 90 days, you’ll have to apply for another license.

How long do you have to turn in your marriage license in California?

Within 10 business days. Return the license to the Clerk-Recorders Office. Return your completed marriage license to the Clerk-Recorders Office within 10 business days.