California : Family Code: 350-360
(provided by Divorce Source, Inc.)
Published 5.20.98
350. Before entering a marriage, or declaring a marriage pursuant
to Section 425, the parties shall first obtain a marriage license
from a county clerk.
351. The marriage license shall show all of the following:
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(a) The identity of the parties to the marriage.
(b) The parties' real and full names, and places of residence.
(c) The parties' ages.
353. If an applicant for a marriage license is under the age of 18 years, the license may be granted only if both parties are capable of consenting to and consummating marriage as provided for in Section 302, and the consent or court order required by Section 303 are filed with the county clerk.
354. (a) Each applicant for a marriage license may be required to present authentic identification as to name.
(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.
355. (a) The forms for the application for a marriage license and the marriage license shall be prescribed by the State Department of Health Services, and shall be adapted to set forth the facts required in this part.
(b) The form for the application for a marriage license shall include an affidavit on the back, which the applicants shall sign, affirming that they have received the brochure provided for in Section 358.
(c) The affidavit required by subdivision (b) shall state:
AFFIDAVIT
I acknowledge that I have received the brochure titled ____________
_______________Signature of Bride ________Date
_______________Signature of Groom ________Date
356. 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.
357. (a) The county clerk shall number each marriage license issued and shall transmit at periodic intervals to the county recorder a list or copies of the licenses issued.
(b) Not later than 60 days after the date of issuance, the county recorder shall notify licenseholders whose certificate of registry has not been returned of that fact and that the marriage license will automatically expire on the date shown on its face.
(c) The county recorder shall notify the licenseholders of the obligation of the person solemnizing their marriage to return the certificate of registry and endorsed license to the recorder's office within 30 days after the ceremony.
358. (a) The State Department of Health Services shall prepare and publish a brochure which shall contain the following:
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(1) Information concerning the possibilities of genetic defects
and diseases and contain a listing of centers available for the
testing and treatment of genetic defects and diseases.
(2) Information concerning acquired immune deficiency 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.
(c) Each notary public authorizing a confidential marriage under Section 503 shall distribute a copy of the brochure to the applicants for a confidential marriage license.
(d) To the extent possible, the State Department of Health Services shall seek to combine in a single brochure all statutorily required information for marriage license applicants.
359. (a) Applicants for a marriage license shall obtain from the county clerk issuing the license, a certificate of registry of marriage.
(b) The contents of the certificate of registry are as provided in Part 1 (commencing with Section 102100) of Division 102 of the Health and Safety Code.
(c) The certificate of registry shall be filled out by the applicants, in the presence of the county clerk issuing the marriage license, and shall be presented to the person solemnizing the marriage.
(d) The person solemnizing the marriage shall complete the certificate of registry and shall cause to be entered on the certificate of registry the signature and address of one witness to the marriage ceremony.
(e) The certificate of registry shall be returned by the person solemnizing the marriage to the county recorder of the county in which the license was issued within 30 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.
360. (a) If a certificate of registry of marriage is lost or destroyed after the marriage ceremony but before it is returned to the county recorder, the person solemnizing the marriage, in order to comply with Section 359, shall obtain a duplicate certificate of registry by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued.
(b) The duplicate certificate of registry 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 30 days after issuance.
(c) The fee for issuing the duplicate marriage license and certificate of registry is five dollars ($5).
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