California Wedding License and Officiant Info

Please note that the information below is a general summary from various official and non-official sources. It is based on my non-professional understanding and is not offered as legal advice. I am not a lawyer and I don't pretend to be a legal expert in any way, shape or form. If you have questions or concerns about the legal aspects of marrying in California, I strongly urge you to consult a California legal expert and/or the County Clerk's office for advice. When possible I've provided links to sources.

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What are the legal requirements for marrying in California?

You must have a valid California marriage license. A marriage license in California is issued by a county clerk. There are two types of California licenses: "public" and "confidential." Almost everyone gets a "public" license.

If you get a public license, you can apply for the license at any California county office that is convenient. It doesn't have to be issued in the same county in which you will be married.

Disneyland is in Orange County and the closest office is the Orange County Courthouse at 211 West Santa Ana Blvd. in Santa Ana (located at the intersection of Broadway and Civic Center Drive), (714) 834-2710. The Marriage License office is located on the second floor. The hours are 8:00 am to 4:30 pm, Monday through Friday. They are closed on all major holidays. The Orange County fee for a public license is $61.50.

Applicants must be 18 years or older. Both of you must appear in person at the issuing office. (You can fill out the application online, but you still have to show up in person to finalize the application.) You must bring a valid ID (US drivers license, passport).

If either applicant was previously married, you will have to supply the exact date the marriage ended. If the previous marriage ended in the last 90 days, you must bring the divorce decree, death certificate or other proof.

There is no blood test required. There is no waiting period.

Once issued, the license must be solemnized within 90 days. The executed license must be returned within 10 days to the county in which it was issued for recording. This is the officiant's responsibility.

Who can perform weddings in California?

Based on California Family Code, you can be married by:

• a priest, minister, or rabbi of any religious denomination who is age 18 or over
• a Judge (active or retired)
• a Commissioner of Civil Marriages (aka County Clerk)
• a Deputy Commissioner of Civil Marriages (a person appointed by the County Clerk)

For information about being married by a "mail order minister," see below.

I would like to have a friend or relative officiate at my California wedding. Is that possible?

Maybe. If you live in certain counties in California, you can be married by a friend or family member who has been appointed by the County Clerk as a "Deputy Commissioner of Civil Marriages" for the day to perform your ceremony. The name of the program varies from county to county, but it's often called "deputy for a day," "commissioner for the day" or something similar.

Orange County (where Disneyland is located) participates in the "deputy for a day" program. All of the neighboring counties (Los Angeles, San Diego, San Bernardino, Riverside) also participate. (Click the links to see details for each county.)

If you, your spouse-to-be or the person you want to perform the ceremony reside in a participating county in California, you can usually have the friend or family member deputized and get your marriage license issued in your own county, then get married at Disneyland.

Requirements vary from county to county, but these are general requirements for the Deputy for a Day Program in California:

• One of the participants (usually either the bride or groom) has to be a resident of the county where the marriage license was obtained. In some counties, only the person seeking to be deputized has to be a county resident to qualify.

• The person who will perform the ceremony must be at least 18 years of age.

• There is a fee, which varies from county to county.

• Some counties require the person wanting to be deputized to appear in person and show ID. In some counties the person must attend a training class, which usually takes less than an hour.

• The person who wants to be deputized must bring, mail or fax a written request to the County Clerk's office.

• Be sure to check on the timing requirements for your county -- Orange County requires 45 days' notice, Los Angeles County requires the paperwork at least TWO MONTHS in advance, while others, like San Diego County, are much more relaxed.

What about "mail order ministers"?

In theory, a friend or family member could become a "mail order minister" through the Universal Life Church (ULC), which offers instant, free ordination online. Most "mail order ministers" are ordained by the ULC and it is the most widely recognized organization offering quick and easy ordination.

However, the validity of ULC ordinations and the legal right of ULC-ordained persons to solemnize marriages has not been tested in many states, including California.

In states that have case law regarding the status of ULC ordination, the results are inconsistent. Utah has ruled that a ULC Internet-based minister ordination is valid, and Mississippi has ruled that a ULC-ordained person is authorized to solemnize marriage. However, based on past court decisions, ULC-ordained persons are NOT authorized to solemnize marriage in Virginia, North Carolina and New York. Click here to see links to the various legal decisions.

It doesn't matter what state or country you're FROM -- the law of the state in which the wedding is HELD is the important issue. If you decide to use a ULC-ordained person to solemnize your marriage in California, you're taking your chances on whether the marriage will be considered valid if it is ever challenged. Personally, I wouldn't do it.

Can we write our own vows?

Yes. California Family Code only requires that "the parties shall declare, in the presence of the person solemnizing the marriage and necessary witnesses, that they take each other as husband and wife."

Beyond that, there is no rule about what the vows must include. That's up to you and your officiant.

What about vow renewals and gay commitment ceremonies?

If you want to have a vow renewal or commitment ceremony, you have a ton of options because the ceremony is not legally binding, so there are no legal requirements. You can use anyone you like as your officiant.