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Ordained Licensed Minister in California to Officiate Weddings or start a Ministry. You will
have authority almost immediately to do Marriage and Wedding ceremonies. You
can become a Marriage Minister and earn a good part time or full time income.
You can do wedding services for family and friends. Ordination is Simple and Quick.
Although marriage is a personal relation arising
out of a civil, and not a religious, contract, a marriage may be
solemnized by any of the following who is 18 years
of age or older:
(a) A priest, minister, rabbi, or authorized person of any religious
denomination. A person authorized by this
subdivision shall not be required to solemnize a marriage that is contrary to
the tenets of his or her faith. Any refusal to solemnize a marriage under this
subdivision, either by an individual or by a religious denomination, shall not
affect the tax-exempt status of any entity.
(b) A judge or retired judge, commissioner of civil marriages or retired
commissioner of civil marriages, commissioner or retired commissioner, or
assistant commissioner of a court of record in this state.
(c) A judge or magistrate who has resigned from office.
(d) Any of the following judges or magistrates of the United States:
(1) A justice or retired justice of the United States Supreme Court.
(2) A judge or retired judge of a court of appeals, a district court, or a
court created by an act of Congress the judges of which are entitled to hold
office during good behavior.
(3) A judge or retired judge of a bankruptcy court or a tax court.
(4) A United States magistrate or retired magistrate.
(a) Marriage is a personal relation arising out of a civil
contract between a man and a woman, to which the consent of the parties
capable of making that contract is necessary. Consent alone does not
constitute marriage. Consent must be followed by the issuance of a
license and solemnization as authorized by this division, except as
provided by Section 425 and Part 4 (commencing with Section 500).
(b) For purposes of this part, the document issued by the county clerk
is a marriage license until it is registered with the county recorder,
at which time the license becomes a marriage certificate.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
(a) An unmarried male or female under the age of 18 years is
capable of consenting to and consummating marriage upon obtaining a
court order granting permission to the underage person or persons to
marry.
(b) The court order and written consent of the parents of each underage
person, or of one of the parents or the guardian of each underage person
shall be filed with the clerk of the court, and a certified copy of the
order shall be presented to the county clerk at the time the marriage
license is issued.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
If it appears to the satisfaction of the court by application of a
minor that the minor requires a written consent to marry and that the
minor has no parent or has no parent capable of consenting, the court
may make an order consenting to the issuance of a marriage license and
granting permission to the minor to marry. The order shall be filed with
the clerk of the court and a certified copy of the order shall be
presented to the county clerk at the time the marriage license is
issued.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
As part of the court order granting permission to marry under
Section 302 or 303, the court shall require the parties to the
prospective marriage of a minor to participate in premarital counseling
concerning social, economic, and personal responsibilities incident to
marriage, if the court considers the counseling to be necessary. The
parties shall not be required, without their consent, to confer with
counselors provided by religious organizations of any denomination. In
determining whether to order the parties to participate in the
premarital counseling, the court shall consider, among other factors,
the ability of the parties to pay for the counseling. The court may
impose a reasonable fee to cover the cost of any premarital counseling
provided by the county or the court. The fees shall be used exclusively
to cover the cost of the counseling
services authorized by this section.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
Consent to and solemnization of marriage may be proved under the
same general rules of evidence as facts are proved in other cases.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
Except as provided in Section 307, a marriage shall be licensed,
solemnized, and authenticated, and the authenticated marriage license
shall be returned to the county recorder of the county where the
marriage license was issued, as provided in this part. Noncompliance
with this part by a nonparty to the marriage does not invalidate the
marriage.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
(a) Parties to a marriage shall not be required to have the same
name. Neither party shall be required to change his or her name. A
person's name shall not change upon marriage unless that person elects
to change his or her name pursuant to subdivision (b).
(b) (1) One party or both parties to a marriage may elect to change
the middle or last names, or both, by which that party wishes to be
known after solemnization of the marriage by entering the new name in
the spaces provided on the marriage license application without intent
to defraud.
(2) A person may adopt any of the following last names pursuant to paragraph (1):
(A) The current last name of the other spouse.
(B) The last name of either spouse given at birth.
(C) A name combining into a single last name all or a segment of the
current last name or the last name of either spouse given at birth.
(D) A hyphenated combination of last names.
(3) A person may adopt any of the following middle names pursuant to paragraph (1):
(A) The current last name of either spouse.
(B) The last name of either spouse given at birth.
(C) A hyphenated combination of the current middle name and the current last name of the person or spouse.
(D) A hyphenated combination of the current middle name and the last name given at birth of the person or spouse.
(4) (A) An election by a person to change his or her name pursuant to
paragraph (1) shall serve as a record of the name change. A certified
copy of a marriage certificate containing the new name, or retaining the
former name, shall constitute proof that the use of the new name or
retention of the former name is lawful.
(B) A certified copy of a marriage certificate shall be accepted as
identification establishing a true, full name for purposes of Section
12800.7 of the Vehicle Code.
(C) Nothing in this section shall be construed to prohibit the
Department of Motor Vehicles from accepting as identification other
documents establishing a true, full name for purposes of Section 12800.7
of the Vehicle Code. Those documents may include, without limitation, a
certified copy of a marriage certificate recording a marriage outside
of this state.
(D) This section shall be applied in a manner consistent with the
requirements of Sections 1653.5 and 12801 of the Vehicle Code.
(5) The adoption of a new name, or the choice not to adopt a new
name, by means of a marriage license application pursuant to paragraph
(1) shall only be made at the time the marriage license is
issued. After a marriage certificate is registered by the local
registrar, the certificate may not be amended to add a new name or
change the name adopted pursuant to paragraph (1). An amendment may
be issued to correct a clerical error in the new name fields on the
marriage license. In this instance, the amendment must be signed by one
of the parties to the marriage and the county clerk or his or her
deputy, and the reason for the amendment must be stated as correcting a
clerical error. A clerical error as used in this part is an error made
by the county clerk, his or her deputy, or a notary authorized to issue
confidential marriage licenses, whereby the information shown in the new
name field does not match the information shown on the marriage license
application. This requirement shall not abrogate the right of either
party to adopt a different name through usage at a future date, or to
petition the
superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure.
(c) Nothing in this section shall be construed to abrogate the common
law right of any person to change his or her name, or the right of any
person to petition the superior court for a change of name pursuant to
Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil
Procedure.
(d) This section shall become operative on January 1, 2009.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
This division, so far as it relates to the solemnizing of
marriage, is not applicable to members of a particular religious society
or denomination not having clergy for the purpose of solemnizing
marriage or entering the marriage relation, if all of the following
requirements are met:
(a) The parties to the marriage sign and endorse on the form
prescribed by the State Department of Public Health, showing all of the
following:
(1) The fact, time, and place of entering into the marriage.
(2) The printed names, signatures, and mailing addresses of two witnesses to the ceremony.
(3) The religious society or denomination of the parties to the
marriage, and that the marriage was entered into in accordance with the
rules and customs of that religious society or denomination. The
statement of the parties to the marriage that the marriage was entered
into in accordance with the rules and customs of the religious society
or denomination is conclusively presumed to be true.
(b) The License and Certificate of Non-Clergy Marriage, endorsed
pursuant to subdivision (a), is returned to the county recorder of the
county in which the license was issued within 10 days after the
ceremony.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
(a) A marriage contracted outside this state that would be valid
by the laws of the jurisdiction in which the marriage was contracted is
valid in this state.
(b) Notwithstanding any other provision of law, a marriage between
two persons of the same sex contracted outside this state that would be
valid by the laws of the jurisdiction in which the marriage was
contracted is valid in this state if the marriage was contracted prior to November 5, 2008.
(c) Notwithstanding any other provision of law, two persons of the
same sex who contracted a marriage on or after November 5, 2008, that
would be valid by the laws of the jurisdiction in which the marriage was
contracted shall have the same rights, protections, and benefits, and
shall be subject to the same responsibilities, obligations, and duties
under law, whether they derive from the California Constitution, the
United States Constitution, statutes, administrative regulations, court
rules, government policies, common
law, or any other provisions or sources of law, as are granted to and
imposed upon spouses with the sole exception of the designation of
"marriage."
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
Only marriage between a man and a woman is valid or recognized in California. (note) May have changed now.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
If either party to a marriage denies the marriage, or refuses to
join in a declaration of the marriage, the other party may proceed, by
action pursuant to Section 103450 of the Health and Safety Code, to have
the validity of the marriage determined and declared.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
Marriage is dissolved only by one of the following:
(a) The death of one of the parties.
(b) A judgment of dissolution of marriage.
(c) A judgment of nullity of marriage.
California Law - Family Code - Division 3: Marriage - Part 1: Validity of Marriage
In addition to the persons specified in Section 400, marriage may
also be solemnized by a county supervisor or a mayor of a city elected
in accordance with Article 3 (commencing with Section 34900) of Chapter 4
of Part 1 of Division 2 of Title 4 of the Government Code, while that
person holds office. The county supervisor or mayor shall obtain and
review from the county clerk all available instructions for marriage
solemnization before the county supervisor or mayor first solemnizes a
marriage.
California Law - Family Code - Division 3: Marriage - Part 3:
Solemnization of Marriage - Chapter 1: Persons Authorized to Solemnize
Marriage
(a) For each county, the county clerk is designated as a commissioner of civil marriages.
(b) The commissioner of civil marriages may appoint deputy commissioners
of civil marriages who may solemnize marriages under the direction of
the commissioner of civil marriages and shall perform other duties
directed by the commissioner.
California Law - Family Code - Division 3: Marriage - Part 3:
Solemnization of Marriage - Chapter 1: Persons Authorized to Solemnize
Marriage
In addition to the persons permitted to solemnize marriages under
Section 400, a county may license officials of a nonprofit religious
institution, whose articles of incorporation are registered with the
Secretary of State, to solemnize the marriages of persons who are
affiliated with or are members of the religious institution.
The licensee shall possess the degree of doctor of philosophy and must
perform religious services or rites for the institution on a regular
basis. The marriages shall be performed without fee to the parties.
California Law - Family Code - Division 3: Marriage - Part 3:
Solemnization of Marriage - Chapter 1: Persons Authorized to Solemnize
Marriage
(a) No particular form for the ceremony of marriage is required
for solemnization of the marriage, but the parties shall declare, in the
physical presence of the person solemnizing the marriage and necessary
witnesses, that they take each other as husband and wife.
(b) Notwithstanding subdivision (a), 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, commissioned and empowered in
writing for that purpose through a power of attorney. The attorney in
fact must personally appear at the county clerk's office with the party
who is not stationed overseas, and present the original power of
attorney duly signed by the party stationed overseas and acknowledged by
a notary or witnessed by two officers of the United States Armed
Forces. Copies in any form, including by facsimile, are not acceptable.
The power of attorney shall state the full given names at birth, or by
court order, of the parties to be married, and that the power of
attorney is solely for the purpose of authorizing the attorney in fact
to obtain a marriage license on the person's behalf and participate in
the solemnization of the marriage. The original power of attorney shall
be a part of the marriage certificate upon registration.
(c) No contract of marriage, if otherwise duly made, shall be
invalidated for want of conformity to the requirements of any religious
sect.
California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage
Before solemnizing a marriage, the person solemnizing the marriage
shall require the presentation of the marriage license. If the person
solemnizing the marriage has reason to doubt the correctness of the
statement of facts in the marriage license, the person must be satisfied
as to the correctness of the statement of facts before solemnizing the
marriage. For this purpose, the person may administer oaths and examine
the parties and witnesses in the same manner as the county clerk does
before issuing the license.
California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage
The person solemnizing a marriage shall, sign and print or type
upon the marriage license a statement, in the form prescribed by the
State Department of Public Health, showing all of the following:
(a) The fact, date (month, day, year), and place (city and county) of solemnization.
(b) The printed names, signatures, and mailing addresses of at least one, and no more than two, witnesses to the ceremony.
(c) The official position of the person solemnizing the marriage, or of
the denomination of which that person is a priest, minister, rabbi, or
other authorized person of any religious denomination.
(d) The person solemnizing the marriage shall also type or print his or her name and mailing address.
California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage
The person solemnizing the marriage shall return the marriage
license, endorsed as required in Section 422, to the county recorder of
the county in which the license was issued within 10 days after the
ceremony.
California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage
If no record of the solemnization of a California marriage
previously contracted under this division for that marriage is known to
exist, the parties may purchase a License and Certificate of Declaration
of Marriage from the county clerk in the parties' county of residence
one year or more from the date of the marriage. The license and
certificate shall be returned to the county recorder of the county in
which the license was issued.
California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage
If for sufficient reason, as described in subdivision (d), either
or both of the parties to be married are physically unable to appear in
person before the county clerk, a marriage license may be issued by the
county clerk to the person solemnizing the marriage if the following
requirements are met:
(a) The person solemnizing the marriage physically presents an affidavit
to the county clerk explaining the reason for the inability to appear.
(b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by both parties.
(c) The signature of any party to be married who is unable to appear in
person before the county clerk is authenticated by a notary public or a
court prior to the county clerk issuing the marriage license.
(d) Sufficient reason includes proof of hospitalization, incarceration,
or any other reason proved to the satisfaction of the county clerk.
California Law - Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 2: Solemnization of Marriage
(a) Before entering a marriage, or declaring a marriage pursuant
to Section 425, the parties shall first obtain a marriage license from a
county clerk.
(b) If a marriage is to be entered into pursuant to subdivision
(b) of Section 420, the attorney-in-fact shall appear before the county
clerk on behalf of the party who is overseas, as prescribed in
subdivision (a).
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License
The marriage license shall show all of the following:
(a) The identity of the parties to the marriage.
(b) The parties' full given names at birth or by court order, and mailing addresses.
(c) The parties' dates of birth.
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License
Notwithstanding subdivision (b) of Section 351 or 359 of this
code, or Section 103175 of the Health and Safety Code, if either of the
applicants for, or any witness to, a certificate of registry of marriage
and a marriage license requests, the certificate of registry and the
marriage license shall show the business address or United States Postal
Service post office box for that applicant or witness instead of the
residential address of that person.
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License
Notwithstanding Section 307, 351, 351.5, 359, or 422 of this code,
or Section 103175 or 103180 of the Health and Safety Code, a mailing
address used by an applicant, witness, or person solemnizing or
performing the marriage ceremony shall be a residential address, a
business address, or a United States Postal Service post office box.
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License
No marriage license shall be granted if either of the applicants
lacks the capacity to enter into a valid marriage or is, at the time of
making the application for the license, under the influence of an
intoxicating liquor or narcotic drug.
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License
(a) Each applicant for a marriage license shall be required to
present authentic photo identification acceptable to the county clerk as
to name and date of birth. A credible witness affidavit or affidavits
may be used in lieu of authentic photo identification.
(b) For the purpose of ascertaining the facts mentioned or required in
this part, if the clerk deems it necessary, the clerk may examine the
applicants for a marriage license on oath at the time of the
application. The clerk shall reduce the examination to writing and the
applicants shall sign it.
(c) If necessary, the clerk may request additional documentary proof as to the accuracy of the facts stated.
(d) Applicants for a marriage license shall not be required to state, for any purpose, their race or color.
(e) If a marriage is to be entered into pursuant to subdivision
(b) of Section 420, the attorney in fact shall comply with the
requirements of this section on behalf of the applicant who is overseas,
if necessary.
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License
(a) The forms for the marriage license shall be prescribed by the
State Department of Public Health, and shall be adapted to set forth the
facts required in this part.
(b) The marriage license shall include an affidavit, which the
applicants shall sign, affirming that they have received the brochure
provided for in Section 358. If the marriage is to be entered into
pursuant to subdivision (b) of Section 420, the attorney in fact shall
sign the affidavit on behalf of the applicant who is overseas.
(c) The forms for the marriage license shall contain spaces for either
party or both parties to indicate a change in name pursuant to Section
306.5.
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License
A marriage license issued pursuant to this part expires 90 days
after its issuance. The calendar date of expiration shall be clearly
noted on the face of the license.
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License
(a) The State Department of Public Health shall prepare and publish a brochure that shall contain the following:
(1) Information concerning the possibilities of genetic defects and
diseases and a listing of centers available for the testing and
treatment of genetic defects and diseases.
(2) Information concerning acquired immunodeficiency syndrome (AIDS) and
the availability of testing for antibodies to the probable causative
agent of AIDS.
(3) Information concerning domestic violence, including resources
available to victims and a statement that physical, emotional,
psychological, and sexual abuse, and assault and battery, are against
the law.
(4) Information concerning options for changing a name upon
solemnization of marriage pursuant to Section 306.5, or upon
registration of a domestic partnership pursuant to Section 298.6. That
information shall include a notice that the recording of a change in
name or the absence of a change in name on a marriage
license application and certificate pursuant to Section 306.5 may not be
amended once the marriage license is issued, but that options to adopt a
change in name in the future through usage, common law, or petitioning
the superior court are preserved, as set forth in Section 306.5.
(b) The State Department of Public Health shall make the brochures
available to county clerks who shall distribute a copy of the brochure
to each applicant for a marriage license, including applicants for a
confidential marriage license and notaries public receiving a
confidential marriage license pursuant to Section 503. The department
shall also make the brochure available to the Secretary of State, who
shall distribute a copy of the brochure to persons who qualify as
domestic partners pursuant to Section 297 and shall make the brochure
available electronically on the Internet Web site of the Secretary of
State.
(c) The department shall prepare a lesbian, gay, bisexual, and
transgender specific domestic abuse brochure and make the brochure
available to the Secretary of State who shall print and make available
the brochure, as funding allows, pursuant to Section 298.5.
(d) Each notary public issuing a confidential marriage license under
Section 503 shall distribute a copy of the brochure to the applicants
for a confidential marriage license.
(e) To the extent possible, the State Department of Public Health shall
seek to combine in a single brochure all statutorily required
information for marriage license applicants.
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License
(a) Except as provided in Sections 420 and 426, applicants to be
married shall first appear together in person before the county clerk to
obtain a marriage license.
(b) The contents of the marriage license are provided in Part 1
(commencing with Section 102100) of Division 102 of the Health and
Safety Code.
(c) The issued marriage license shall be presented to the person solemnizing the marriage by the parties to be married.
(d) The person solemnizing the marriage shall complete the solemnization
sections on the marriage license, and shall cause to be entered on the
marriage license the printed name, signature, and mailing address of at
least one, and no more than two, witnesses to the marriage ceremony.
(e) The marriage 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.
(f) As used in this division, "returned" means presented to the
appropriate person in person, or postmarked, before the expiration of
the specified time period.
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License
(a) If a marriage license is lost, damaged, or destroyed after the
marriage ceremony, but before it is returned to the county recorder, or
deemed unacceptable for registration by the county recorder, the person
solemnizing the marriage, in order to comply with Section 359, shall
obtain a duplicate marriage license by filing an affidavit setting forth
the facts with the county clerk of the county in which the license was
issued.
(b) The duplicate marriage license may not be issued later than one year
after issuance of the original license and shall be returned
by the person solemnizing the marriage to the county recorder within one
year of the issuance date shown on the original marriage
license.
(c) The county clerk may charge a fee to cover the actual costs of issuing a duplicate marriage license.
(d) If a marriage license is lost, damaged, or destroyed before a
marriage ceremony takes place, the applicants shall purchase a new
marriage license and the old license shall be voided.
California Law - Family Code - Division 3: Marriage - Part 2: Marriage License