Marriage License Information

Congratulations on your impending nuptials!

Legalities vary from state to state. This California-specific (San Bernardino County) information cited from the County website is a solid starting point for getting acclimated to specific expectations about setting aside sufficient lead time. The couple will also find that usually various support documents are needed when applying.

It’s important to note that both parties need adequate time in their pre-wedding preparation to travel to their local County Clerk’s Office to complete the Marriage License application. The couple must appear in person together, complete the application, and both must show valid government-issued photo identification. 

What are the Preliminaries?

Even before heading to the County clerk’s office to apply for a marriage license, decide when and where you wed. It matters. Why? You usually are required to apply for a marriage license in the same jurisdiction (county) where the ceremony is held. Additionally, marriage licenses expire (usually within 90 days). Therefore, you’ll need to time the ceremony within the 90-day window to avoid having to re-apply.

The point is, please plan accordingly. Don’t wait until the last minute to tend to the legalities; there could be other unforeseen circumstances that add to the necessary lead time. Such as some states have a waiting period post-application.  All considered, plan to visit your county clerk and apply for a marriage license no less than two weeks before the actual ceremony date.

Biblical Marriage or a Civil Union?

What Is a Biblical Marriage?

Genesis teaches that Jehovah God created marriage and intends it to include one man and one woman (Genesis 2:22-24). Marriage is also a legally recognized relationship between two people that provides lawful protections (inheritance rights, employment benefits, property rights, etc.) to the couple on the state and federal levels. 

What is a Secular Civil Union?

An option for non-traditional (non-Biblical) couples is a legally recognized Civil Union. Generally, Civil Unions are only sanctioned and recognized at the state level. A couple in a civil union may be entitled to the same inheritance rights, employment benefits, property, and parental rights as married couples.

Furthermore, traditional (Biblical) Marriages are recognized by many religions, while Civil Unions are not. Again, the important difference is that the latter is not legally recognized by the federal government. 

Finally, now that same-sex marriages are recognized on the federal level, Civil Unions seem to be less favored. Do your research well in advance of your nuptials. There are still other options like “domestic partnerships,” if a couple doesn’t want to get married.

LICENSE REQUIREMENTS

These are the requirements for obtaining a marriage license in San Bernardino County California.

• Applicants must be unmarried and at least 18 years of age. (If one or both parties requesting a marriage license are under the age of 18, refer to Marriage License for Minors.) If either applicant has been divorced or had an annulment within the last six months, a certified copy of the JUDGEMENT OF ANNULMENT or FINAL DECREE OF DISSOLUTION must be presented before a license can be issued. A Notice of Entry of Judgement is not a final dissolution document.
• Valid government photo I.D. includes:
  • Current Driver’s license
  • State-issued I.D. card
  • Passport (must be in English)
  • Military service or military-dependent I.D. card
  • Alien registration card (formerly known as “Green” card)
  • If a form of identification that includes both a photograph and birth date is not available, two other identification documents are required to prove identity and age (one with a photograph and one with a birth date). Some examples of these types of documents include:
    • Photograph
      School identification card
      Employee identification card
    • Birth Date
      Certified copy of a birth certificate
      Baptismal certificate
      Adoption records
• Note: Any document in a foreign language must be accompanied by a fully acknowledged notarized English translation (inclusive of the translator’s signature).
• Again, both applicants must appear in person together at their appointment.
• Select a type of license
• Name Equality Act 2007
• The marriage license can be used immediately and it must be used within 90 days from the date of issuance.
• The ceremony can take place anywhere in the State of issue (California).

Which License Do We Need?

You may need to research or get legal advice regarding which type of license is appropriate. Know before you go. Neither the County Clerk nor his deputies are permitted by law to give legal advice and/or assistance.

General License Categories

Standard (Regular) Public License

• Open to authorized members of the public
• May be used anywhere in the State of California
• One witness is required (besides the person performing the ceremony)

Confidential License

• Not open to the public
• Copies are issued only to the couple
• May be used anywhere in the State of California
• No witnesses required
• Applicants must be living together as spouses
• Confidential marriage licenses are also offered by authorized notaries

License for Denominations Not Having Clergy

To be used by those 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.

Marriage License for Minors

If one or both parties requesting a marriage license are under the age of 18, then a court order must be obtained from the courts. A certified copy of the order shall be presented to the county clerk at the time the marriage license is issued. This applies to emancipated minors as well.

Court Order Delayed Marriage

This license is required under any of the following situations:

• When a marriage was performed without the benefit of a license or the license was expired and the couple is 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.
• When the requirements to be issued a License and Certificate of Declaration of Marriage cannot be 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.
• To record a marriage that occurred in another state or country where the record no longer exists, e.g., was destroyed or lost.

Declaration of Marriage

To be 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.

What fees are involved?

Marriage License Fees may vary by County or type of license, however, plan to pay no less than $100.00 – $150.00 to avoid shortages.