Obtaining a Marriage License

• The first step in receiving a marriage license is to go to the county clerk's office and apply for a marriage license. A local official at the county recorder's office reviews the marriage license and approves the license if it meets all the legal requirements, is legible and the information provided does not appear to be vague or unclear. After the license is issued, the couple has 90 days to marry before the marriage license expires. If the license expires, it cannot be renewed and the couple will have to apply and pay for a new license. At the time of application for a marriage license, both parties must be 18-years-old or older and provide valid government-issued picture identification (such as a driver's license, passport or military ID).
  
  

Public Marriage License

• There are two types of marriage licenses that can be purchased in California, public or private. The public marriage license requires the couple have at least one witness at the ceremony, however, no more than two witnesses can sign the marriage license. The witness does not have to be more than 18 years of age, but must be old enough to understand that she is witnessing a marriage and can sign the certificate. The couple is not required to marry in the county where the marriage license was filed.
  
  

Private Marriage License

• The private marriage license requires the couple be living together before they can be married and they must present an affidavit as proof of their living arrangement. The couple must be married in the same county where the license was issued and only the couple can purchase copies of the marriage certificate. Also, a witness is not required to be at the ceremony and no witness can sign the marriage license.
  
  

Same-Sex Marriage

• Same-sex marriage is a controversial topic in California. Briefly legal in the state, it no longer legally recognized. The state passed Proposition 8 making it illegal for same-sex couples to receive a marriage license. However, as of February 2011, President Obama's legal administration has publicly stated that they find the Defense of Marriage Act, a bill that stops the United States government from recognizing same-sex marriages, as unconstitutional (Reference 2) and instructed the U.S. Justice Department to no longer provide defense against this act.