California Marriage License Requirements 2026: Fees and Types

In California, a county clerk issues your marriage license, and Family Code Section 359(a) requires both of you to "appear together in person before the county clerk" to get it. The license expires 90 days after it is issued (Fam. Code 356), and the county pages we checked describe no waiting period between getting the license and holding the ceremony. There is no statewide price: each county sets its total, which for a public license ran from $61 in Orange County to $129 in San Diego County among the five counties we checked.

California also offers two kinds of license, public and confidential, which differ in who can see the record and whether you need a witness. For other states, see our guide to marriage license requirements by state.

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers getting a marriage license in California under Division 3 of the California Family Code and the fees charged by five large county clerks. It does not cover divorce or annulment, ordering older marriage records, common-law marriage, domestic partnerships, or the rules of other states.

Where to apply for a California marriage license

You apply to a county clerk. Family Code Section 350(a) requires a license before a marriage can be solemnized, and Section 359(a) says the "applicants to be married shall first appear together in person before the county clerk to obtain a marriage license." In California the county clerk is also the commissioner of civil marriages (Fam. Code 401).

You can apply in any county. Orange County's clerk-recorder tells applicants: "This license can be used anywhere in the State of California." The ceremony itself must take place in California within the license's 90 days.

The one statutory exception to appearing together covers a party who is physically unable to appear. Under Family Code Section 426, the license can then be issued to the person who will perform the ceremony. That person must present an affidavit explaining the reason (such as hospitalization or incarceration), signed under penalty of perjury by the officiant and both parties, and the absent party's signature must be authenticated by a notary public or a court.

Online applications and appointments

All four large counties below take the application online first, but none of the official pages we checked offers a fully remote license. You still appear in person to sign and pay.

• Orange County: you must complete the application online before your visit. Appointments are recommended; walk-ins are served first come, first served.
• San Diego County: appointments are required, both of you must come together, and appointments can be booked up to seven weeks ahead.
• Los Angeles and San Bernardino counties: both offer online pre-application; San Bernardino serves marriage customers by appointment only.

Public vs confidential marriage license

California issues two license types. Pick before you apply, because the type controls who can later see your record.

San Bernardino County puts the difference plainly: "A regular marriage license is a public record. A license and certificate of confidential marriage is only accessible by a spouse or by decree signed by a superior court judge." Family Code Section 500 sets the confidential license's living-together requirement, and Orange County adds that the "couple must be living together prior to the marriage."

Riverside County advises most couples to choose the public license unless keeping the marriage date confidential matters to them. Price is not a reliable tiebreaker: the confidential license costs more in most counties, but in Los Angeles it is currently $6 cheaper than the public one.

What to bring

Each applicant needs photo identification. Family Code Section 354(a) says each applicant "shall be required to present authentic photo identification acceptable to the county clerk as to name and date of birth." If you have no such ID, the statute allows a credible-witness affidavit instead.

County lists differ slightly:

• Los Angeles County accepts a driver's license, passport or alien resident card. Documents must be in English or come with a notarized certified translation, and expired documents are refused.
• San Bernardino County accepts a driver's license, state ID, passport, military ID, green card or other US government ID. If you have no single ID showing both a photo and a birth date, you may bring two documents that together show both.

California has no residency or citizenship requirement, according to both Los Angeles and San Bernardino counties. Out-of-state and international couples can marry here on the same terms.

If either of you was married before

You must be unmarried when you apply. A marriage entered while a prior marriage is still in force is void under Family Code Section 2201, with a narrow exception for a former spouse who has been absent and not known to be living for five years or is generally reputed to be dead (that marriage is valid until a court declares it void). San Diego County will not issue a license while a divorce is pending and not yet final.

Counties ask for different paperwork about the prior marriage:

• Los Angeles County requires a certified copy of the divorce or domestic partnership termination if it became final within the last two years, and the date of final dissolution for older ones.
• Orange and Riverside counties ask for a copy of the final decree only if it was entered within the last 90 days.

Check your county's page before your appointment, since a missing document can cost you the visit.

How much a California marriage license costs

There is no single statewide price. Two state fees sit inside every public license total: a $10 license fee under Government Code Section 26840, and a $23 fee that Government Code Section 26840.7 directs the county clerk to collect at issuance for domestic violence programs. A confidential license carries a $14 state fee under Section 26840.1 and a separate $23 domestic violence fee under Section 26840.8. Counties add their own cost-based charges on top.

These are the totals five large Southern California counties' official pages showed on October 7, 2026. Fees change, and the county clerk's page is the final word.

Notes on the table:

• Los Angeles County pending increase. The county's marriage page posts "New Fees (Effective 30 Days After Official Ordinance Adoption)": $176 for a public license, $220 for a confidential license, $44 for a civil ceremony and $26 for a county-provided witness (now $20). The county says the Board of Supervisors has approved the new fees and that they take effect after the Board adopts a fee ordinance; on October 7, 2026 the county fees page still listed the current amounts, so check it before you go. Under the new schedule the confidential license would cost $44 more than the public one, reversing today's order.
• San Diego County adds a $2.50 surcharge for card payments, charges $58 for a county-provided witness, and says fees are non-refundable.
• Orange County charges $25 for a duplicate license and $19 for a certified copy of the marriage certificate. Ceremonies at the clerk's office are performed by county deputy clerks only, not outside officiants.
• San Bernardino County adds a 3.5% surcharge for card payments and does not accept American Express, prepaid cards or mobile wallets.

None of the official pages we checked offered a fee discount for a premarital course. Older search results show Riverside at $100 and $110; the county's live pages say $111 and $122.

Waiting period and expiration

San Bernardino County's FAQ says there is no waiting period between the day you get the license and the day you marry, and the Family Code sections we reviewed set none for adult applicants. The only delay we found applies to minors: a party 17 or younger may request the license no earlier than 30 days after the court order (Fam. Code 304(b)).

The license lasts 90 days. Family Code Section 356 says it "expires 90 days after its issuance," and the expiration date is printed on the license. San Diego County states that a license is valid for 90 days "with NO extensions," and both San Diego and Orange counties say fees are non-refundable, so an expired license means buying a new one.

Age requirements and marriage under 18

The general rule is 18. Family Code Section 301 provides: "Two unmarried persons 18 years of age or older, who are not otherwise disqualified, are capable of consenting to and consummating marriage."

The current court-order route for minors

Until the new law described below takes effect, an unmarried person under 18 may be issued a license only with a court order granting permission (Fam. Code 302). The process, as amended by SB 273 (Statutes of 2018, Chapter 660), requires:

1. Written consent from at least one parent or legal guardian, filed with the court. If no parent is capable of consenting, the court order alone may be enough (Fam. Code 303).
2. A Superior Court order granting permission (Fam. Code 302).
3. An interview of the parties by Family Court Services, which reports to the court on any signs of coercion, and a separate in-camera interview of each party by the court (Fam. Code 304).
4. A 30-day delay: if a party is 17 or younger, the license may be requested no earlier than 30 days after the order (Fam. Code 304(b)).

The court may also require premarital counseling. Practice varies by county: Riverside County's license pages currently state that both parties "MUST be 18 years of age or older." For how a minor gains adult legal status more broadly, see California emancipation laws.

AB 1267 ends the minor route

The Legislature passed AB 1267, chaptered on September 30, 2026 as Chapter 850, Statutes of 2026. It repeals Family Code Sections 302, 303 and 304, the court-order and parental-consent route described above, and leaves Section 301 in place, so that 18 becomes the minimum marriage age with no exception.

The Governor approved the bill on September 30, 2026, and it has no urgency clause, so under the California Constitution (art. IV, sec. 8(c)(1)) it takes effect on January 1, 2027. The bill itself refers to marriages entered under former Section 302 or 303 "before January 1, 2027." Until then, the court-order route remains on the books. Because a party 17 or younger must wait 30 days after the court order before requesting the license, confirm timing with your county clerk.

Who cannot marry in California

Family Code Section 2200 makes marriages between close relatives "incestuous, and void from the beginning": parents and children, ancestors and descendants, brothers and sisters of the whole or half blood, and uncles or aunts with nieces or nephews. Section 2200 does not list first cousins.

A marriage while either party has a living spouse is void under Section 2201, subject to the five-year absence exception described above. California's marriage sections are written for "two persons," without reference to sex.

Blood tests and the health brochure

No blood test is required. Los Angeles County says "A blood test and health certificate are not required to obtain a marriage license," and San Bernardino County's FAQ says the state stopped requiring blood tests on January 1, 1995.

Instead, Family Code Section 358 requires the county to give each applicant a State Department of Public Health brochure covering genetic disease, HIV/AIDS testing, domestic violence resources and name-change options. Each applicant signs an affidavit confirming they received it.

Who can officiate a wedding in California

Family Code Section 400 lists who may solemnize a marriage. The list includes:

• A priest, minister, rabbi, or "authorized person of any religious denomination who is 18 years of age or older."
• Judges, retired judges and commissioners, plus justices of the US Supreme Court and other federal judges.
• State legislators, constitutional officers, current or former elected city or county officials, and charter-city clerks, if 18 or older.

The county clerk is the commissioner of civil marriages and may appoint deputy commissioners (Fam. Code 401). Under Section 402, a county may also license officials of a nonprofit religious institution who hold a PhD to solemnize marriages for the institution's members, without fee.

If you are unsure whether your chosen officiant is authorized, ask the county clerk before the ceremony.

Deputy commissioner for a day

If a friend or relative who is not otherwise authorized wants to perform your ceremony, some counties will appoint them for a single wedding. Los Angeles County charges $75 for its Deputy Commissioner for a Day appointment. San Bernardino County offers a Commissioner for One Day appointment, which it says can be used up to 90 days from issuance. Ask your county clerk whether it offers one and what it costs.

Witnesses

A public license needs at least one witness and no more than two (Fam. Code 359(d)); San Bernardino and San Diego counties say a confidential license needs none. The officiant records the witnesses' names and addresses on the license. Los Angeles and San Diego counties can provide a witness for a fee ($20 and $58 when we checked).

Civil ceremonies at the county clerk's office

Several clerk's offices will marry you on site: $35 in Los Angeles (pending increase to $44), $107 in San Diego, $19 in Orange on its September 2026 fee schedule and $100 in San Bernardino. You still need a license first.

Proxy marriage

California allows only one narrow kind of proxy marriage. Under Family Code Section 420(b), "a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage may enter into that marriage by the appearance of an attorney in fact." The attorney in fact must hold an original power of attorney and appear with the other party before the county clerk.

Otherwise, both parties must declare their intent in the physical presence of the officiant (Fam. Code 420(a)). Los Angeles County says simply: "Proxy marriages are not legal."

After the ceremony

The officiant, not the couple, files the license. Family Code Section 359 says the license "shall be returned by the person solemnizing the marriage to the county recorder of the county in which the license was issued within 10 days after the ceremony." A license counts as returned if it is delivered, or postmarked, within those 10 days. A confidential license goes back instead to the office of the county clerk of the issuing county, also within 10 days after the ceremony (Fam. Code 506(c)). This rule was rewritten by AB 583 (Statutes of 2021, Chapter 620) and applies from January 1, 2024.

Your certificate does not arrive automatically. San Diego County says registration can take up to 10 business days and no certificate is mailed; once the license is registered, you order a certified copy. Orange County charges $19 for one. To order a copy later, see California marriage and divorce records or our guide on how to get a copy of your marriage certificate.

If a marriage was performed but never recorded, Family Code Section 425 provides a declaration of marriage that can be filed after one year; Orange County charges $61 for it.

Changing your name

California lets you choose a new name on the license application itself. Family Code Section 306.5 provides that "Parties to a marriage shall not be required to have the same name. Neither party shall be required to change their name." Either or both spouses may enter a new middle name, last name or both on the application (Fam. Code 355). Los Angeles County warns that the name cannot be changed after the license is issued, so decide before your appointment.

Your certified marriage certificate then serves as proof of the new name, and the DMV accepts it. For the steps with other agencies, see name change after marriage and California name change laws.

Common myths about California marriage licenses

• "You need a blood test." No. Los Angeles County says a blood test and health certificate are not required.
• "You have to marry in the county that issued the license." No. Orange County says its license can be used anywhere in California; only the return goes back to the issuing county.
• "A confidential license always costs more." Not in Los Angeles today, where it is $85 against $91 for a public license, although the pending fee increase would reverse that.
• "You can marry by proxy in California." Only an overseas service member in a conflict or war, under Fam. Code 420(b).

Disclaimer: This article provides general legal information about California marriage licenses under the California Family Code and Government Code, verified on October 7, 2026. It is not legal advice. Requirements and county fees change, so for your specific situation contact your county clerk or a lawyer licensed in California.

Related

• Marriage license requirements by state
• California marriage and divorce records
• California common-law marriage
• California name change laws
• Nevada marriage license requirements
• Oregon marriage license requirements

Last updated: October 7, 2026.

Frequently Asked Questions

How much is a marriage license in California?

It depends on the county. On October 7, 2026, a public license cost $61 in Orange, $91 in Los Angeles, $111 in Riverside, $120 in San Bernardino and $129 in San Diego, per each county's official page. Los Angeles has posted an increase to $176 that takes effect 30 days after its ordinance is adopted.

Is there a waiting period to get married in California?

San Bernardino County says there is no waiting period between getting the license and the ceremony. The only delay we found is 30 days after a court order for a party 17 or younger (Fam. Code 304(b)).

How long is a California marriage license valid?

90 days after it is issued (Fam. Code 356). San Diego County says there are no extensions, and fees are non-refundable.

What is the difference between a public and a confidential marriage license?

A public license is a public record and needs at least one witness. A confidential license needs no witness, only the spouses or a court order can get a copy, and the couple must already be living together as spouses (Fam. Code 500).

Can we get our license in one county and marry in another?

Yes. Orange County says its license can be used anywhere in California. The officiant must return it within 10 days to the county that issued it: the county recorder for a public license (Fam. Code 359), the county clerk for a confidential license (Fam. Code 506(c)).

Can a 17-year-old get married in California?

Currently only with a Superior Court order, normally with written consent of at least one parent or guardian, after a Family Court Services interview (Fam. Code 302, 303, 304). AB 1267 (Chapter 850, Statutes of 2026) repeals that route effective January 1, 2027.

Do we need witnesses for a California wedding?

A public license needs at least one and no more than two witnesses (Fam. Code 359(d)). A confidential license needs none.

Can a friend officiate our wedding in California?

Yes, if they are authorized under Fam. Code 400 or appointed for the day by a county that offers it, such as Los Angeles County's $75 Deputy Commissioner for a Day.

Do I need to be a California resident to marry there?

No. Los Angeles and San Bernardino counties say there is no residency or citizenship requirement. Both of you must still appear in person with valid photo ID.

Who returns the marriage license after the ceremony?

The officiant, within 10 days after the ceremony: a public license goes to the county recorder of the issuing county (Fam. Code 359), and a license postmarked within the 10 days counts as returned. A confidential license goes to the county clerk of the issuing county (Fam. Code 506(c)).