California family court marriage records document unions recognised by the state. These documents serve as legal proof of marital status. They are crucial for many legal processes, including name changes, benefit applications, or property matters. The state of California keeps these records at both the state and county levels. Knowing where to look and what information to provide simplifies getting these important documents.
The California Department of Public Health – Vital Records (CDPH-VR) and individual County Clerk or Recorder offices handle marriage records. The specific office depends on the year the marriage happened and whether the record is public or confidential. California law separates marriage records into two main types: public and confidential. Each type has different rules for who can see them and how to get copies.
Types of California Marriage Records
California law recognises two main types of marriage records: public marriage records and confidential marriage records. These types differ in how easily they can be accessed. Knowing which type of record applies to a marriage helps when seeking copies.
Public Marriage Records
Public marriage records are open to people other than the married couple. These records are available from the CDPH-VR or the County Clerk’s Office where the marriage was recorded. Public records typically include the full names of the spouses, the marriage date, the ceremony location, and the names of officiants or witnesses. They are often used for family history research, legal matters, or other personal reasons.
The California Department of Public Health maintains public marriage records for specific periods: 1905 to 1999 and 2008 to 2023. For marriages that occurred between 2000 and 2007, and for 2023, the records are at the County Clerk’s office where the license was issued.
Confidential Marriage Records
Confidential marriage records are private. Only the married couple can get copies of these records. A court order is necessary for anyone else to get copies of confidential marriage records. These records offer a higher level of privacy. Couples must be living together as spouses when they apply for a confidential marriage license and sign an affidavit stating this fact. No witnesses are needed for a confidential marriage ceremony, and no witnesses sign the marriage license. Minors cannot obtain a confidential marriage license.
The CDPH-VR does not keep confidential marriage records. These records are held at the County Clerk’s Office in the county where the marriage took place. Access to older or confidential marriage records may have limits due to privacy or preservation rules.
Marriage Certificates and Licenses in California
It is important to know the difference between a marriage license and a marriage certificate in California. These are distinct legal documents with different purposes.
California Marriage License
A marriage license is a legal document that gives couples permission to marry. Couples must get a marriage license before they marry. To get a license, both parties must appear in person at a County Clerk’s Office. They need to bring valid photo identification, such as a driver’s license, passport, or state-issued ID. If either person was married before, they need to know the exact date their last marriage ended and how it ended (death, divorce, or nullity).
Marriage licenses are valid for 90 days from the date they are issued. The marriage ceremony must happen within these 90 days and within California. Blood tests are not required to get a marriage license in California.
California Marriage Certificate
A marriage certificate is a legal document that proves a marriage happened. It is issued after the marriage ceremony is complete and the filled-out marriage license is returned for recording. The officiant who performed the ceremony must sign the marriage license and return it to the County Clerk or County Recorder within 10 days of the ceremony. Once recorded, the license becomes a marriage certificate. A marriage certificate is not automatically sent to the couple; they must request and pay for a copy.
Marriage certificates contain details such as the names of the spouses, the marriage date, and the location of the ceremony. These certificates are crucial for legal actions like changing a name or proving marital status.
How to Get Marriage Records in California
Obtaining marriage records in California involves several steps, depending on the year of marriage and the type of record needed. Records are available through state and county offices.
Requesting Records from the California Department of Public Health – Vital Records
The CDPH-VR can provide certified copies of public marriage certificates for marriages that happened between 1905 and 1999, and from 2008 to 2023. Requests can be made by mail. The application form for a certified copy of a marriage record can be downloaded from the CDPH website.
- When requesting by mail, applicants must send the application form to:
- California Department of Public Health
- Vital Records – MS 5103
- P.O. Box 997410
- Sacramento, CA 95899-7410
A fee of $19.00 applies to each certified copy requested. A personal check or money order should be made payable to CDPH Vital Records. For certified copies, a notarised sworn statement is required, declaring that the requester is authorised by law to receive the copy.
Requesting Records from County Clerk or Recorder Offices
For marriages that happened between 2000 and 2007, and for 2023, requests must go to the County Clerk’s office where the marriage license was issued. County Recorder offices also maintain public marriage records. Confidential marriage records are only available through the County Clerk in the county where the license was issued. Copies can be obtained in person, by mail, or sometimes online through county websites. When requesting in person, bring valid identification and be ready to fill out an application form. For mail requests, download the specific application form from the county’s website and send it with payment. Fees may vary by county.
Many county offices, such as the Sacramento County Clerk/Recorder, maintain records of marriages that occurred within their county. For example, the Sacramento County Clerk/Recorder can issue marriage certificates for licenses issued in Sacramento County since 1850.
Online Marriage Record Searches
Some county websites offer online services to search for and request copies of marriage records. While a statewide California family court record search portal does not exist, some counties offer online search tools. These tools may allow searches by name or marriage date.
Third-party platforms also offer marriage record searches, sometimes for a fee. These platforms compile public records from various jurisdictions. Some third-party sites offer free basic information, then charge for more detailed data. However, it is often more cost-effective to go through official government channels. VitalChek is one such service that partners with vital record agencies in California for ordering certificates.
Authorised vs Informational Copies of Marriage Records
California issues two types of certified copies of marriage records: authorised and informational. Both are certified copies of the original document.
Authorized Copies
An authorised copy can be used to establish the identity of the people named on the certificate. It is required for legal purposes, like changing a name or applying for benefits. Only specific “authorised persons” can obtain an authorised copy. These include:
- One of the registrants (the married couple) or their parents or legal guardians.
- An individual with a court order.
- A member of a law enforcement agency or a representative of another government agency conducting official business.
- A child, grandparent, grandchild, sibling, spouse, or domestic partner of a registrant.
- An attorney representing a registrant or their estate.
Persons requesting an authorised copy must sign a sworn statement, under penalty of perjury, confirming they are an authorised person.
Informational Copies
An informational copy cannot be used to establish identity. It has an inscription across its face stating, “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY”. Anyone can request an informational copy of a public marriage certificate without needing a direct relationship to the people listed on it. For informational copies, a notarised sworn statement is not required. Informational copies of confidential marriage records cannot be issued.
Family Court’s Role with Marriage Records in California
While the County Clerk and CDPH-VR are the primary holders of marriage records, family courts in California play a role in certain situations, especially concerning legal disputes or specific orders related to marriage.
Marriage Records as Evidence in Family Court
Marriage certificates serve as key evidence in California family law cases. They confirm the legal union for matters such as divorce (officially called “dissolution of marriage” in California), spousal support, child custody, and property division. The California Evidence Code sets rules for what evidence is allowed in court. A marriage certificate is typically considered reliable and relevant evidence.
Accessing Marriage-Related Family Court Records
Family court records themselves, which may reference marriage details, are generally public in California unless they are made confidential by law or sealed by court order. For example, parentage cases filed under the Uniform Parentage Act are confidential by law.
To look up family law cases, individuals can visit the website of the Superior Court in the county where the case was filed. Some courts offer online case portals to search by name and case number. For documents stored offsite, it might take several business days for them to be available for viewing or copying at the courthouse.
Requesting copies of family court records can be done in person, by mail, or online in some counties. A copy request form and payment are usually required. Certified copies typically cost more than regular copies.
Amending or Correcting Marriage Records
If a marriage certificate has errors, individuals must contact the county clerk’s office where the marriage license was issued to ask for corrections. Forms to amend marriage records for events that happened in California are available online from the California Department of Public Health. The requirements and steps for corrections can vary by county.
Marriage Record Fees in California
Fees for marriage records vary depending on the county and the type of copy requested.
- A certified copy of a marriage record from the CDPH-VR costs $19.00.
- The fee for a certified copy of a public or confidential marriage record from a County Clerk’s Office is often around $17 or $19, but it can differ.
- When requesting copies of family court records, each page may cost around 50 cents, with an additional certification fee.
It is always best to check with the specific county clerk or recorder’s office for their current fee schedule before making a request.
California and Common Law Marriage
California does not recognise common law marriage. This means couples who live together and present themselves as married are not legally married in California without a formal marriage license and ceremony. However, California does recognise common law marriages that were legally established in other states that do uphold common law marriage laws. For such a marriage to be recognised in California, the couple must show proof of marriage, and it must meet the legal rules of the state where it was performed.
Official Resources for California Marriage Records
For the most accurate and current information regarding California marriage records, it is best to consult official government sources.
California Department of Public Health – Vital Records
- Website: www.cdph.ca.gov/Programs/CHSI/Pages/Vital-Records.aspx
- Phone: (916) 445-2684 (recorded message with option to speak to a representative)
County Clerk/Recorder Offices
Each county in California has a Clerk/Recorder office that maintains marriage records for events within that county. Contact information, addresses, and hours vary by county. A directory of County Registrars and Recorders is available on the CDPH website.
- For example, the Sacramento County Clerk/Recorder is located at:
3636 American River Drive, Suite 110
Sacramento, CA 95864 - The Los Angeles County Registrar-Recorder/County Clerk’s office handles marriage licenses issued in Los Angeles County.
The content above provides a detailed explanation of California family court marriage records. It covers the types of records, how to obtain them, the difference between authorised and informational copies, the role of family courts, fees, and common law marriage status. This information is drawn from official state and county resources, ensuring accuracy and relevance for those seeking marriage records in California.
Frequently Asked Questions About California Family Court Marriage Records
This section addresses common questions about California family court marriage records, providing clear and direct answers to help individuals navigate the process of obtaining and understanding these important documents.
What is the difference between a marriage license and a marriage certificate in California?
A marriage license is official permission from the state for a couple to marry. Couples must obtain this document before their wedding ceremony. It is valid for 90 days, and the marriage must take place within this period and within California. Without a valid license, a marriage cannot be legally recognised. A marriage certificate, on the other hand, is proof that a marriage has already happened. It is created after the marriage ceremony, when the completed and signed marriage license is returned to the County Clerk or Recorder’s office for recording. The certificate serves as a legal record of the marital union and is used for various legal purposes, such as changing a name or proving marital status for benefits.
Can I look up California marriage records online for free?
Some basic information about California marriage records may be available online for free. The California Department of Public Health website might offer some free records, and its Birth, Death, and Marriage Record Index program provides basic marriage information for certain years, specifically 1960 to 1985. Additionally, some county clerk websites offer online search tools for public records, including marriage records. However, these online searches usually provide limited details. For official certified copies of marriage records, a fee is typically required, and requesters must meet specific eligibility criteria. Third-party websites may also offer online searches, sometimes providing partial information for free before charging for full details.
Who can obtain a certified copy of a marriage record in California?
Only specific individuals, known as “authorised persons,” can obtain a certified authorised copy of a marriage record in California. These include the people named on the certificate (the married couple), their parents, legal guardians, children, grandchildren, siblings, spouses, or domestic partners. Attorneys representing the registrants or their estates, law enforcement, or other government agency representatives conducting official business can also obtain authorised copies. A court order also grants access. For such requests, a notarised sworn statement is necessary to confirm eligibility. If a person does not qualify as an authorised person, they may request an informational copy, which cannot be used for identity purposes.
How do I correct an error on a California marriage record?
If there is an error on a California marriage record, you must contact the county clerk’s office where the marriage license was originally issued. This office is responsible for processing requests to amend or correct vital records, including marriage certificates. The California Department of Public Health also provides forms online for correcting marriage records for events that occurred within the state. The exact steps and required documents for correcting can vary by county, so it is advisable to check the specific county’s website or contact their office directly for precise instructions and any applicable forms.
Are marriage records from California family courts confidential?
Generally, California family court records are public records and can be inspected or copied by anyone. However, there are important exceptions. Certain family law records are confidential by law or can be sealed by a court order, making them inaccessible to the public. For example, parentage cases filed under the Uniform Parentage Act are confidential, and only the parties involved or their attorneys can access them. Other sensitive information, such as financial details, drug test results, or psychological evaluations within a court file, may also be protected. Marriage records themselves, if they are confidential marriages, are private and only accessible by the spouses or with a court order.
How long does it take to get a certified copy of a marriage record in California?
The time it takes to get a certified copy of a marriage record in California can vary. After the marriage ceremony, the officiant returns the license to the county office, which typically takes up to 10 business days for registration. Once registered, a certified copy may be available for purchase approximately 10 business days after the office receives the license. For requests made through the California Department of Public Health – Vital Records, processing times can vary. For example, some marriage records might take about a month to process, while older records could take six months or longer. Online requests through county offices might be processed within about 20 working days. It is best to check the current processing times directly with the CDPH-VR website or the relevant county office.
Does California recognise common law marriages from other states?
California does not allow couples to enter into new common law marriages within its borders. This means that simply living together as spouses, even for a long time, does not create a legal marriage in California without a formal license and ceremony. However, California does recognise common law marriages that were legally established in other states or jurisdictions where such marriages are permitted. For a common law marriage from another state to be recognised in California, the couple must provide proof that their marriage validly met the legal requirements of the state where it was performed. This recognition extends to the legal rights and responsibilities that come with marriage.
- California Department of Public Health – Vital Records
- P.O. Box 997410, Sacramento, CA, 95899-7410
- Phone: (916) 445-2684
- Visiting Hours: Check website for specific office hours.
This content aims to provide clear, helpful, and authoritative information on California family court marriage records, making the complex process more accessible for anyone seeking these vital documents.