California is a popular destination for couples looking to tie the knot, and for good reason. With its beautiful beaches, warm weather, and countless wedding venues, it’s the perfect place to start your new life together. If you’re planning a wedding in California, you may be wondering whether you need a witness to make your marriage legal. In this post, we’ll explore whether a witness is required for marriage in California and what you need to know to ensure your marriage is legal.
Marriage License Requirements in California
Before you can get married in California, you must obtain a marriage license from the County Clerk’s office. You can do this by making an appointment with the clerk or visiting their office during business hours. To get a marriage license in California, you and your partner must meet the following requirements:
- You must be at least 18 years old.
- You must not be currently married.
- You must not be related by blood.
- You must present a valid form of identification (such as a driver’s license or passport).
- You must pay a fee (the fee varies by county).
Once you have obtained your marriage license, you must wait at least 24 hours before having your wedding ceremony. The license is valid for 90 days from the date of issuance, so be sure to plan your wedding accordingly.
Do You Need a Witness to Get Married in California?
California law requires that at least one witness be present to sign the marriage license. The witness must be at least 18 years old and must be able to understand the ceremony and what is being signed. The witness is not required to be a U.S. citizen or a California resident.
If you choose to have a civil ceremony at the County Clerk’s office, the Clerk’s office will provide a witness for you. If you have a ceremony elsewhere, you will need to bring your own witness. The witness does not have to be a friend or family member, and it is not uncommon for couples to ask their wedding planner or officiant to serve as the witness.
Confidential Marriage Licenses
If you want to get married in California without any witnesses present, you can obtain a confidential marriage license. With a confidential marriage license, the ceremony can be performed by a third party (such as a friend or family member) who is authorized by the state to solemnize marriages. However, the confidential marriage license is only available to couples who meet certain requirements.
To obtain a confidential marriage license, you and your partner must meet all the same requirements as for a public marriage license (see above). In addition, you must:
- Be living together as a couple.
- Sign an affidavit stating that you are living together as a couple.
With a confidential marriage license, you do not need a witness to sign the marriage license.
Conclusion
If you’re getting married in California, a witness is required to make your marriage legal. The witness must be at least 18 years old and must be able to understand the ceremony and what is being signed. However, if you meet certain requirements, you can obtain a confidential marriage license and get married without any witnesses present. Regardless of whether you have a public or confidential marriage license, be sure to follow all the rules and regulations to ensure that your marriage is legal and valid.
FAQ
Can you get married in California without witnesses?
No, in the state of California, you cannot get married without witnesses. According to the California Family Code section 422, at least one witness must be present during your marriage ceremony. This is because the witness is required to sign the marriage license, making the marriage legally binding.
The California marriage license has a space for two witnesses to sign if you choose to have two witnesses present. However, you cannot have more than two witnesses sign the official marriage license. Therefore, it is recommended that you have at least one witness present during your ceremony to ensure that your marriage is legally valid.
Moreover, witnesses play an essential role in ceremonial marriages. They not only sign the marriage license, but they also serve as a form of documentation of the marriage. In case of any future legal disputes or issues, a witness can provide key details and vouch for the legitimacy of the marriage.
Witnesses are a necessary part of getting married in California. You must have at least one witness present during your wedding ceremony, and they must sign the marriage license. So if you are planning your wedding, make sure that you have at least one person who can act as your witness.
How do you elope in California?
Eloping is a popular way of getting married, especially for couples who prefer a private and intimate ceremony rather than a large and elaborate one. If you live in California and are considering eloping, the good news is that the process is relatively simple and straightforward. Here are the steps you need to take to elope in California:
1. Check the legal requirements
Before you can elope in California, you need to make sure you meet the legal requirements for marriage in the state. You and your partner must be at least 18 years old, not already married or in a registered domestic partnership, and not closely related. You also need to have a valid photo ID, such as a driver’s license or passport.
2. Choose a location
California offers an endless array of beautiful locations to elope, from the dramatic coastline to the majestic mountains and everything in between. You can get married at a courthouse, state park, beach, or any other location of your choosing, as long as it is within the state.
3. Get a marriage license
To get married in California, you need to obtain a marriage license first. You can do this by visiting any county clerk office in the state, ideally at least a couple of weeks before your planned elopement date. You will need to fill out an application form and pay a fee (which varies by county). You will also need to provide your IDs and, if applicable, divorce or death certificates.
4. Get married!
Once you have your marriage license, you can get married at any time within 90 days. You can have a civil ceremony performed by a county clerk staff member or a notary public, or you can bring your own wedding officiant. You will need at least one witness, but most couples choose to have a small group of family or friends to witness their special moment.
5. File your marriage license
After the ceremony, your wedding officiant will give you the marriage license, which you will need to file with the county clerk office within 10 days. This is important to make your marriage official and legal in the eyes of the government.
Eloping in California is a relatively easy process that requires obtaining a marriage license and having a ceremony performed by an officiant. As long as you meet the legal requirements and follow the necessary steps, you can create a memorable and intimate wedding day that reflects your love and commitment to each other.