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MARRIAGE LICENSES

MARRIAGE LICENSES
MARRIAGE LICENSES UNDER 18
CONFIDENTIAL MARRIAGE LICENSES
OBTAIN MARRIAGE CERTIFICATE IN PERSON
OBTAIN MARRIAGE CERTIFICATE BY MAIL
OBTAIN MARRIAGE CERTIFICATE ON LINE

MILITARY MARRIAGE POWER OF ATTORNEY AND INSTRUCTIONS

MARRIAGE LICENSES & THE NAME EQUALITY ACT OF 2007

MARRIAGE LICENSE OVER 18

This office issues marriage licenses ONLY if both parties are at least 18 years of age.  If either of the prospective parties are under 18 years of age, click licensing under 18.

To obtain a marriage license, both the prospective parties must appear together at our office location:

Monterey County Clerk
County Government Administration Building

168 West Alisal Street, 1st Floor
Salinas, CA  93901

Salinas Office: (831) 755- 5450

Monterey Peninsula Residents may dial: (831) 647- 7850

Marriage License hours: 8:00 A.M. to 4:30 P.M., Monday through Friday, except holidays. 

A blood test is not required.

Both parties to the license must appear together, in person, with proof of age and identification.  A valid state driverís license, state identification, or passport is acceptable alone; however, a temporary driverís license, military ID, immigration card, school ID, or employment ID is acceptable only along with a certified copy of the birth certificate. 

PLEASE NOTE: If you are presenting a valid state identification, or driverís license which does not reflect your full legal name, please be prepared to present a certified copy of your birth certificate.

If either party has been granted a divorce within 90 days of applying for a new marriage license, a certified copy of the final divorce must be presented at the time of issuance. A divorce judgment is not final until the date the marital status terminates.  A marriage license cannot be issued if your divorce is not final.  The date of the final judgment must be prior to the date a new license is issued.   

A Registered Domestic Partnership (RDP) need not be dissolved prior to the issuance of a marriage license if the parties to the RDP and the parties to the marriage license are identical.

If you have obtained a Withdrawal of Domestic Partnership within 90 days of applying for a marriage license from someone other than the person you are applying for a marriage license with, a stamped filed copy of the Withdrawal of Domestic Partnership must be presented at the time of issuance.

Your marriage license is effective immediately and valid for 90 days anywhere within the state of California.

The fee for a regular marriage license is $76.00 (fee subject to change).  Out of state checks are not accepted.

Once you have your marriage license the ceremony can be performed at the location of your choice, the County Clerk does not perform civil ceremonies.

If you wish to speak with a Marriage Section staff member, dial (831) 755-5450.  If you wish to listen to a Marriage License information recording, dial (831) 755-5032.

For information on a Confidential Marriage License, click confidential marriages.

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MARRIAGE LICENSES UNDER 18 

Please contact the County Clerk's Office for information regarding Marriage License procedures and requirements that must be completed prior to the issuance of the license.

Monterey County Clerk
County Government Administration Building

168 West Alisal Street, 1st Floor
Salinas, CA  93901

(831) 755-5450 (Salinas)
(831) 647-7850 (Monterey)

MARRIAGE LICENSE HOURS ARE 8:00 am TO 4:30 PM, MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS.

Both parties must then appear together in our office. 

If either party has been granted a divorce within 90 days of applying for a new marriage license, a copy of the final divorce decree must be presented at the time of issue.

A Registered Domestic Partnership (RDP) need not be dissolved prior to the issuance of a marriage license if the parties to the RDP and the parties to the marriage license are identical.

If you have obtained a Withdrawal of Domestic Partnership within 90 days of applying for a marriage license from someone other than the person you are applying for a marriage license with, a stamped filed copy of the Withdrawal of Domestic Partnership must be presented at the time of issuance.

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CONFIDENTIAL MARRIAGE LICENSES

To obtain a Confidential Marriage License, both parties must appear together at the County Clerk's Office location. MARRIAGE LICENSE HOURS ARE 8:00 am TO 4:30 PM, MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS.

 Both parties to the license must appear together, in person, with proof of age and identification.  A valid state driverís license, state identification, or passport is acceptable alone; however, a temporary driverís license, military ID, immigration card, school ID, or employment ID is acceptable only along with a certified copy of the birth certificate. 

If either party has been granted a divorce within 90 days, a decree must be presented at the time of issuance.

A Registered Domestic Partnership (RDP) need not be dissolved prior to the issuance of a marriage license if the parties to the RDP and the parties to the marriage license are identical.

If you have obtained a Withdrawal of Domestic Partnership within 90 days of applying for a marriage license from someone other than the person you are applying for a marriage license with, a stamped filed copy of the Withdrawal of Domestic Partnership must be presented at the time of issuance.

 In order to issue a Confidential Marriage License:           

   -Both parties must swear in writing that they have already been living together.

   -The marriage ceremony may be performed ONLY IN MONTEREY COUNTY.

   -The marriage record will be maintained as Confidential and ONLY the named parties may obtain copies of the marriage certificate, EXCEPT by order of the Court.

The cost of a Confidential Marriage License is $80.00 (fee subject to change).  Out of state checks are not accepted. 

PLEASE NOTE: The office of the County Clerk issues Regular marriage licenses or Confidential licenses when the confidentiality of the marriage date is important.  Couples who choose the Confidential License should be aware that when certified copies of the Confidential Marriage License are requested, the copies can ONLY be issued to either of named parties with proper identification.

For information on a Regular Marriage License, click marriage licenses.

Once you have your marriage license the ceremony may be performed at a location of your choice within MONTEREY COUNTY, this office does not perform civil marriage ceremonies. 

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OBTAINING CERTIFIED COPIES OF MARRIAGE RECORDS 

Monterey County only has records of Marriage Licenses that were purchased in Monterey County. For all other vital records you must contact the county in which the event is registered.

LAW EFFECTIVE JANUARY 1, 2010 WHEN REQUESTING A CERTIFIED COPY A NON-CONFIDENTIAL MARRIAGE RECORD

Effective January 1, 2010, the California Health and Safety Code, Section 103526, will permit only authorized individuals to receive certified copies of non-confidential marriage records. Those who are not authorized by law to receive a certified copy will receive a certified copy marked "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY." 

The new law describes an authorized person as: 

  • The registrant or a parent or legal guardian of the registrant. 
  • A party entitled to receive the record as a result of a court order, or an attorney or a licensed adoption agency seeking the birth record in order to comply with the requirements of Section 3140 or 7603 of the Family Code. 
  • A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business. 
  • A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant. 
  • An attorney representing the registrant or the registrant's estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant's estate. 

NOTE:  MARRIAGE RECORDS ARE MAINTAINED ONLY IF THE MARRIAGE LICENSE WAS ISSUED IN MONTEREY COUNTY

TO OBTAIN A CERTIFIED COPY OF A NON-CONFIDENTIAL MARRIAGE CERTIFICATE IN PERSON 

In order to obtain a Certified Copy of a non-confidential marriage license in person after January 1, 2010, you MUST be an authorized individual as described above and you must have a photo ID. You must complete and submit the "In-Person Application for Authorized Certified Copy of a Non-Confidential Marriage Record". The sworn statement on the application must be signed in the presence of staff.

The cost for a certified copy of a marriage certificate is $15.00.  Payment may be cash, a check or money order made payable to the “Monterey County Clerk”.

For information on hours of business and location, click location.

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 TO OBTAIN A CERTIFIED COPY OF A NON-CONFIDENTIAL MARRIAGE CERTIFICATE BY MAIL

In order to obtain a Certified Copy of a non-confidential marriage license by mail after January 1, 2010 you MUST be an authorized individual as described above. You must complete and submit the "Written Application for Authorized Certified Copy of Non-Confidential Marriage Record". Your signature on the sworn statement must be acknowledged by a Notary Public. If your mailed request indicates that you want a Certified Copy but does not include a notarized statement sworn under penalty of perjury, the request will be rejected as incomplete and returned to you without being processed. 

LAW EFFECTIVE JANUARY 1, 2010 WHEN REQUESTING A CERTIFIED COPY OF A CONFIDENTIAL MARRIAGE RECORD 

TO OBTAIN A CERTIFIED COPY OF A CONFIDENTIAL MARRIAGE CERTIFICATE IN PERSON 

In order to obtain a Certified Copy of a confidential marriage license in person after January 1, 2010, you MUST be one of the parties of the confidential marriage or a party entitled to receive the record as a result of a court order pursuant to Family Code Section 511(c) (you must provide a certified copy of the court order with your request). You must complete and submit an "In-Person Application for Authorized Certified Copy of a Confidential Marriage Record". You must present photo I.D. and the sworn statement on the application must be signed in the presence of staff. 

TO OBTAIN A CERTIFIED COPY OF CONFIDENTIAL MARRIAGE CERTIFICATE BY MAIL 

In order to obtain a Certified Copy of a confidential marriage license by mail after January 1, 2010 you MUST be one of the parties of the confidential marriage or a party entitled to receive the record as a result of a court order pursuant to Family Code Section 511(c) (you must provide a certified copy of the court order with your request). You must complete and submit the "Written Application for Authorized Certified Copy of Confidential Marriage Record". Your signature on the sworn statement must be acknowledged by a Notary Public. If your mailed request indicates that you want a Certified Copy but does not include a notarized statement sworn under penalty of perjury, the request will be rejected as incomplete and returned to you without being processed.

The cost is $15.00.  Please DO NOT send cash.  WE DO NOT ACCEPT OUT OF STATE CHECKS. Send your request and information, along with a check or money order payable to:

For Regular Marriages:

Monterey County Recorder
P.O. Box 29
Salinas CA 93902                                       

For Confidential Marriages:

Monterey County Clerk
P. O. Box 29
Salinas, CA  93902                           

Please allow 3 working days, after receipt, to process your request.

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TO OBTAIN A MARRIAGE CERTIFICATE ON LINE

 MONTEREY COUNTY CONTRACTS WITH VITALCHEK, A PRIVATE COMPANY, TO TAKE ORDERS FOR CERTIFIED COPIES OF VITAL RECORDS ON LINE BY CREDIT CARD .

 The fee is $22.00 ($15.00 for each certified copy and a $7.00 processing fee.)  Visa, American Express, Discover or MasterCard are the only forms of payment accepted for the service.  You may choose to fax your request or send your request on-line to our office.

 TO ORDER BY CREDIT CARD CLICK here.   You will be taken to a commercial web site.  The site will open in a new browser window.

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Power of Attorney for California Military Marriages Pursuant to FC 420 (Chap. 476, Stats of 2004) INSTRUCTIONS

- A member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage may enter into that marriage by the appearance of an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney.
- The power of attorney must be completed and signed by the person stationed overseas serving in a conflict or war. The power of attorney form must be witnessed by two military officers or acknowledged by a notary public. If the form is acknowledged by a notary public, it is important to make sure the form has been acknowledged correctly as required in Civil Code Section 1183 & Probate Code 4122 (a copy of these sections and a power of attorney form are attached).
- The attorney-in-fact and the available party (whomever is not stationed overseas serving in a conflict or a war) must personally appear together at the County Clerk's Office with valid picture identification to apply for the marriage license. Contact the County Clerk's Office at (831) 755-5450 for office hours and fees.
- The original power of attorney form must be presented to the County Clerk's Office at the time the marriage license is issued.
- When applying for a marriage license under these provisions, only a public marriage license may be issued. A confidential marriage license may not be issued
- When the County Clerk's Office issues the marriage license. The attorney-in-fact will sign the marriage license as follows: (example)

Name of military member = John Alan Smith
Name of Attorney in Fact = Joseph Brown
(signature on license) = John Alan Smith,
      by: Joseph Brown, AIF

- The original power of attorney is attached to the marriage license as a page 2 (similar to an amendment) The County Clerk will stamp or type Page 1 of 2 on the marriage license and Page 2 of 2 on the power of attorney.
- The available party (whomever is not stationed overseas serving in a conflict or a war) and the attorney-in-fact must participate in a ceremony performed by a person as authorized in Family Code 400. The available party (whomever is not stationed overseas serving in a conflict or a war), the attorney-in-fact, the person performing the ceremony, and at least one witness must be physically present at the marriage ceremony.
- This process cannot be used if both parties are stationed overseas serving in a conflict or war.
- The original marriage license with the original power of attorney attached must be returned to the County Recorder of the County that issued the license for registration. The Recorder will register both the marriage license and the power of attorney. Certified copies of the marriage license will include a copy of the power of attorney.
- If you have any questions regarding this process, please contact the County Clerk's Office at (831) 755-5450.

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Copy of Civil Code 1183 & Probate Code 4122 Civil Code section 1183: The proof or acknowledgment of an instrument may be made without the United States, before any of the following: (a) A minister, commissioner, or charge d'affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made. (b) A consul, vice consul, or consular agent of the United States, resident in the country where the proof or acknowledgment is made. (c) A judge of a court of record of the country where the proof or acknowledgment is made. (d) Commissioners appointed by the Governor or Secretary of State for that purpose. (e) A notary public. If the proof or acknowledgment is made before a notary public, the signature of the notary public shall be proved or acknowledged (1) before a judge of a court of record of the country where the proof or acknowledgment is made, or (2) by any American diplomatic officer, consul general, consul, vice consul, or consular agent, or (3) by an apostille (certification) affixed to the instrument pursuant to the terms of The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. Probate Code section 4122. If the power of attorney is signed by witnesses, as provided in Section 4121, the following requirements shall be satisfied: (a) The witnesses shall be adults. (b) The attorney-in-fact may not act as a witness. (c) Each witness signing the power of attorney shall witness either the signing of the instrument by the principal or the principal's acknowledgment of the signature or the power of attorney.

Power of Attorney for California Military Marriages Form