California is known for its progressive stance on many social issues, and its marriage laws reflect this. This guide provides a comprehensive overview of California's marriage laws, covering everything from eligibility requirements to divorce proceedings. We'll also address some frequently asked questions surrounding this topic.
Who Can Get Married in California?
To legally marry in California, you must meet several requirements:
- Age: Both individuals must be at least 18 years old. Those aged 16 or 17 can marry with parental consent and a court order. Marriages involving minors are subject to stricter regulations.
- Relationship: You cannot be married to someone else. Bigamy is illegal in California.
- Capacity: Both individuals must be mentally capable of understanding the marriage contract. This means they must understand the nature and consequences of marriage.
- Consent: Both individuals must freely and willingly consent to the marriage. Marriage under duress or coercion is invalid.
What Are the Legal Requirements for a California Marriage?
California marriages are generally performed by authorized officiants, including:
- Judges
- Court Commissioners
- Clergy Members
- Officiants Appointed by the Secretary of State
The ceremony itself must include an exchange of vows and the signing of a marriage license. The license must be obtained before the ceremony and is valid for only 90 days.
What Happens After You Get Married in California?
After a valid marriage ceremony, you’ll receive a certified copy of your marriage certificate. This is crucial proof of your marriage status. This certificate is needed for many purposes, including:
- Changing your name: You can legally change your name to your spouse's name after marriage.
- Healthcare decisions: Your spouse can make healthcare decisions for you if you are incapacitated.
- Inheritance: Your spouse will generally inherit from your estate if you die without a will.
- Tax benefits: Married couples may be eligible for various tax benefits.
It’s important to understand the legal implications of marriage and to have the necessary paperwork in order.
How Do I Get a Marriage License in California?
You obtain a marriage license from the County Clerk's office in the county where you or your spouse resides. You'll both need to appear in person to apply and provide identification. There is a fee associated with obtaining a license. You should check the specific county's requirements for details on fees and accepted forms of identification.
What If I Want to Get Divorced in California?
Divorce proceedings in California are governed by the state's family law code. Generally, you must meet a residency requirement (typically six months in California and three months in the county where you file) before filing for divorce. Grounds for divorce in California are "irreconcilable differences," meaning the marriage has broken down irretrievably. Divorces involve issues such as property division, spousal support (alimony), child custody, and child support. Legal representation is usually recommended in divorce cases to ensure your rights are protected.
Can I get married in California if I'm not a US citizen?
Yes, you can get married in California even if you're not a U.S. citizen, provided you meet all other requirements for marriage as outlined above. You will likely need to present valid identification and proof of residency if required by the county clerk’s office.
What are the requirements for a same-sex marriage in California?
Same-sex marriage is legal in California. All the requirements and processes are the same as for opposite-sex marriages. California has been a leader in recognizing and protecting LGBTQ+ rights, including the right to marry.
What if I got married in another state, is it valid in California?
Generally, if a marriage is valid where it was performed, it is also valid in California. However, there may be exceptions based on specific circumstances, such as bigamy or underage marriage.
This guide provides a general overview of California marriage laws. It is not a substitute for legal advice. For specific legal questions, always consult with a qualified attorney specializing in family law in California.
