What You Need to Know About Public vs Confidential Marriage Licenses in California

In California, couples have two options for a marriage license. Here’s everything you need to know about public vs confidential marriage licenses in California.

A public marriage license in California is a public record that allows couples to get married anywhere in the state. Public marriage licenses require at least one witness to be present during the marriage ceremony. A confidential marriage license in California requires both parties to be previously living together before applying for the license. It allows couples to get married anywhere in the state and requires no witnesses to be present during the marriage ceremony.

Getting a Marriage License in California

California law states that unmarried couples must purchase a California-issued marriage license and have a marriage ceremony performed anywhere in the state. Parties do not have to be California residents to be married in the state. Both public and confidential marriage licenses are legally valid in the state of California.

Marriage licenses can be obtained from the County Clerk, and are valid for 90 days from the date of their issuance.

To apply, both parties must go in person to the County Clerk’s office and bring valid picture identification, such as a driver’s license, state identification card, or passport.

Related: How to Get a Marriage License in California

Public Marriage Licenses in California

With a public marriage license, a couple can be married at a ceremony anywhere in the state. They are required to have at least one witness present at the ceremony and to sign the marriage license. While there is no age requirement for witnesses, they must be old enough to know they are witnessing a marriage ceremony and be able to sign their name on the marriage license.

To apply for a public marriage license, both parties must be at least 18 years old or have written permission from a legal parent or guardian to marry.

Public marriage licenses are public records registered at the County Recorder’s Office, meaning that anyone may obtain a copy of the license by paying a required fee to the County Recorder.

Confidential Marriage Licenses in California

With a confidential marriage license, a couple can be married at a ceremony anywhere in the state. Unlike public marriage licenses, no witnesses are required to be present at the ceremony or to sign the marriage license.

To apply for a confidential marriage license, both parties must be at least 18 years old. Unlike public marriage licenses, minors are not allowed to purchase confidential marriage licenses. In addition, the couple must have been living together as spouses before applying for the license.

Confidential marriage licenses are confidential records registered at the County Clerk’s Office. Only the couple may obtain a copy of the license by paying a required fee and presenting valid picture identification to the County Clerk.

Related: Confidential Marriage License in California: The Basics

FAQs About Public vs Confidential Marriage Licenses in California

How much does it cost to purchase a marriage license?

The fee for public and confidential marriage licenses in California differs depending on the county in which the license is issued. Information about current fees can be found by contacting the County Clerk or on the County Clerk’s website.

Is a public marriage license or a confidential marriage license better?

Neither a public marriage license nor a confidential marriage license is better than the other. However, both licenses have different requirements. To obtain a public marriage license, both parties must be at least 18 years old and must have a witness present at their marriage ceremony. In the case of a minor, written permission from a legal parent or guardian is required to purchase a license. To obtain a confidential marriage license, both parties must be at least 18 years old and must have been living together before applying for the license, but a witness is not required to be present at their marriage ceremony.

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