|
|
|
|
|
|
 |
|
MARRIAGE LICENSE AND CEREMONY INFORMATION (available at the San Bernardino location only) Congratulations on your upcoming marriage! Obtaining a marriage license is a key step in the process. A marriage license is a license that allows couples to marry. Obtaining a marriage license does not mean that you ARE married. A marriage license must be followed by a marriage ceremony within 90 calendar days of purchase.
IMPORTANT: Please read prior to applying for a marriage license The “Name Equality Act of 2007” is a new law pertaining to name(s) on marriage licenses effective January 1, 2009. Please click on the below links to read valuable information.
• Contact Information – Name Equality Act of 2007
Pursuant to Family Code section 359, applicants to be married shall first appear together in person before the county clerk to obtain a marriage license. Please click on the above link for the necessary steps to follow to purchase a marriage license in San Bernardino County.
The laws of the State of California make it unnecessary for persons performing marriages to file credentials with the clerk of the court or with anyone else. The county and state are removed from any responsibility for verification of credentials. Any such concern for verification is totally at the discretion of the parties to the marriage. Please click on the link above for additional information regarding marriage ceremonies.
This office only has records of marriages for licenses that were purchased in San Bernardino County. For all other marriage records you must contact the county in which the license was purchased or contact the State Office of Vital Records, 304 S. Street, P.O. Box 730241, Sacramento, CA 94244-0241. Phone Number: (916) 445-2684. Please click on the above link for information in regards to obtaining a marriage certificate copy in San Bernardino County.
COMMISSIONER FOR ONE DAY PROGRAM The San Bernardino County Clerk offers an opportunity to have a special friend or family member appointed to perform your marriage ceremony. This is a one time, one-event appointment. Please click on the link above for additional information.
AUTHORIZED NOTARIES TO ISSUE CONFIDENTIAL MARRIAGE LICENSES A notary public who is interested in obtaining authorization to issue confidential marriages licenses may apply for approval to the county clerk in the county in which the notary public resides. For a list of San Bernardino County authorized notaries, please see “Obtaining a Marriage License” above. For additional information on becoming an authorized notary in San Bernardino County, please click on the link above.
Click on the above link for a list of frequently asked questions.
1. GENERAL REQUIREMENTS: a. Applicants must be an unmarried male and an unmarried female (blood tests are no longer required in the State of California) b. Minimum age requirement is 18 years. For information if one or both parties requesting a marriage license are under the age of 18, please click here c. Valid photo I.D. required such as i. Drivers license ii. State issued I.D. card iii. Passport iv. Military service or military dependent I.D. card v. Alien registration card (formerly known as “Green” card) vi. I.D. card issued by the U.S. Government If a form of identification which includes both a photograph and birth date is not available, the use of two other identification documents will be necessary to prove identity and age (one with a photograph and one with a birth date). Some examples of these types of documents are: i. Photograph: • School identification card • Employee identification card ii. Birth Date: • Certified copy of a birth certificate • Baptismal certificate • Adoption records d. If either applicant has been divorced or had an annulment within the last year, we will need a certified copy of the JUDGMENT OF ALLULMENT OR FINAL DECREE OF DISSOLUTION before issuing a license. Note: a “Notice of Entry of Judgment” is not a final dissolution document. e. Both applicants must apply together f. All persons who are members of a religious society or denomination not having clergy for the purpose of solemnizing marriages, must let the clerk know they need a VS 115 form (Family Code, Section 425)
2. IMPORTANT: Couples must read prior to applying for a marriage license New law pertaining to name(s) on marriage licenses effective January 1, 2009 Contact Information – Name Equality Act of 2007
3. MARRIAGE LICENSE APPLICATION: We are in the process of creating a web based marriage license application that can be submitted electronically but until then we have provided the below application form that may be completed prior to coming into our office. This form will prepare you for the questions that will be asked when you come into our office. Couples will be required to enter all of the information contained in the marriage license application on a computer when they come into our office. Completing the application before you come into our office saves time when entering the information into the computer. San Bernardino County Marriage License Application form (ENGLISH) San Bernardino County Marriage License Application form (SPANISH)
4. DETERMINE THE TYPE OF MARRIAGE LICENSE YOU REQUIRE: There are five types of marriage licenses depending on each person’s legal status or religious beliefs. Before you purchase a marriage license you may want to consult an attorney if you have questions concerning which type of license is appropriate for your needs. Neither the County Clerk nor his deputies are permitted by law to give legal advice and/or assistance. The first two licenses listed below are the most common types of marriage licenses:
a. Regular Public License ($83.00) i. Open to the public ii. May be used anywhere in the State of California iii. One witness required. (Besides person performing ceremony) b. Confidential License ($85.00) i. Not open to the public ii. Photocopies issued to couple only iii. Ceremony must take place in San Bernardino County iv. No witnesses required v. Applicants must be living together as husband and wife
Note: Confidential marriage licenses are also offered by certain authorized notaries. For a list of San Bernardino County authorized notaries by location, please click on the link below: Authorized Notaries To Issue Confidential Marriage Licenses
c. License for Denominations Not Having Clergy ($83.00) To be used by those persons who, due to religious beliefs, are entering into a marriage without the participation of a minister, priest, rabbi, lay leader, or other person authorized to solemnize marriages d. Declaration of Marriage ($83.00) To be used by those persons who wish to declare an already existing licensed California marriage for which no official record exists, and more than one year has passed since the date of the marriage e. Court Order Delayed Marriage This license is required under any of the following situations: • When a marriage was performed without benefit of a license or the license was expired and the couple is unwilling to sign and acknowledge on the marriage license that they are not married and/or they do not agree to participate in a second ceremony • When the requirements to be issued a License and Certificate of Declaration of Marriage cannot be met because the marriage occurred less than one year ago, the couple cannot provide two witnesses who were present at the ceremony; or there is only one spouse available to apply • To record a marriage which occurred in another state or country where the record no longer exists, e.g., was destroyed or lost Please call (909) 386-8916 for additional information
5. APPEAR IN SAN BERNARDINO COUNTY CLERK’S OFFICE a. Please call (909) 387-8334 and schedule an appointment from 8:00 a.m. – 3:30 p.m., Monday–Friday, excluding holidays. b. Couples will be directed to a kiosk to enter their information from the marriage license application form (step 3 above) c. Once the information has been entered into the computer, couples will be directed to a County Clerk window to proofread the license, take their oath, show valid identification, sign the license and provide any necessary additional documentation (such as divorce records, etc.) to complete the marriage license issuance process d. The original marriage license will be issued to the couple Note: refunds may not be granted once a license is purchased.
If one or both parties requesting a marriage license are under the age of 18, then a court order and judge/parental consent for the minor must be obtained and filed with the county clerk before a license can be issued. This applies to emancipated minors as well.
1. Obtain court form at www.courtinfo.ca.gov/forms a. Under “Select a group of forms”, select “Family Law – Miscellaneous FL-900 –999 b. Click on “See Forms” c. Select FL-910 “Request for Minor to Marry” 2. File the written consent of their parent(s) or legal guardian with the clerk of the court and apply to the clerk of the court for judicial approval to marry. a. If there is no parent capable of consenting, the court may act in both capacities and make an order consenting to the issuance of a marriage license and granting permission for the minor to marry. 3. In all instances, a certified copy of the court order granting permission to marry must be presented to the County Clerk at the time the marriage license is issued. Minors may not be issued a confidential marriage license under any circumstances.
For additional information please contact: San Bernardino District Court 351 N. Arrowhead San Bernardino, CA 92415 (909) 387-3912
What You Should Know About The Name Equality Act of 2007 (AB 102 Ch 567, Statutes of 2007)
The Name Equality Act of 2007 (AB 102, Chapter 567, Statutes of 2007) gives specific rights to parties at the time they are applying for a California marriage license to choose and list on the marriage license the new name that each party will go by after marriage.
The new law pertains to marriage licenses issued on or after 01/01/09. It does not apply to marriage licenses issued prior to 01/01/09.
Parties are not required to have the same name, nor are they required to change their name.
If one or both of the parties want to have their new name(s) shown on the marriage license, the new name must be entered on the marriage license application at the time they are applying for the marriage license. The parties may choose any of the following middle or last names as the name they wish to be known as after marriage [FC § 306.5(b)(2)]: ♦ Current last name of the other spouse ♦ Last name of either spouse given at birth ♦ A name combining into a single last name all or a segment of the current last name or last name of either spouse given at birth ♦ A hyphenated combination of last names
NOTE: You may not change your first name using this process. IMPORTANT: You may not amend the marriage license after it has been issued to add or change the name you wish to be known as after you are married. The name you indicate on the marriage license application will be your name on the marriage license/certificate and cannot be changed by the County Clerk.
A certified copy of the marriage certificate containing the new name, or retaining the former name, shall constitute proof that the use of the new name or retention of the former name is lawful [FC § 306.5(b)(3)(a)].
The marriage certificate is used by multiple local, state, federal and private agencies, each of which have different rules and/or regulations regarding what documents are acceptable to change your name on their records following marriage. It is recommended that you contact these agencies to verify their requirements prior to applying for your marriage license.
It is unlawful for our employees to answer questions of a legal nature. County Clerk staff cannot advise you how to complete the marriage license application as it relates to your entry of a new name or retention of your former name on the marriage license application. For your protection, if you have any questions regarding whether you should or should not list your new name on the marriage license application, and/or how the Name Equality Act of 2007 may affect you, please consult an attorney prior to applying for your marriage license
For questions or concerns related to how The Name Equality Act of 2007 (AB 102 Ch 567, Statutes of 2007) has affected you, please feel free to contact Assemblywoman Fiona Ma, the author of this legislation directly. The address and phone number of her offices are listed below for your reference.
Assemblywoman Fiona Ma Capitol Office: State Capitol PO Box 942849 Sacramento, CA 94249-0012 Tel: (916) 319-2012 Fax: (916) 319-2112
Assemblywoman Fiona Ma District Office: 455 Golden Gate Ave. Ste 14600 San Francisco, CA 94102 Tel: (415) 557-2312 Fax: (415) 557-1178
MARRIAGE CEREMONY INFORMATION
1. Ceremony must be performed within 90 calendar days of purchase of the marriage license 2. Couple is to present the original marriage license to the person who will be solemnizing the marriage (List of persons authorized to solemnize marriages) a. A public marriage requires a minimum of four people i. An unmarried male ii. An unmarried female iii. Person solemnizing the marriage iv. One witness (second witness is optional) b. A confidential marriage requires a minimum of three people i. An unmarried male ii. An unmarried female iii. Person solemnizing the marriage 3. After the ceremony, the person solemnizing the marriage is to complete the officiant’s portions of the marriage license in black ink and obtain complete address and signature(s) of witness(es) (if applicable) a. Enter the date, city, and county of the marriage b. Printed name of officiant, signature, title, and religious denomination, if clergy member. c. Complete address(es), printed name(s) and signature(s) of witness(es) 4. Solemnizer is to return the completed original marriage license to the County Recorder/Clerk in the county in which the license was issued within ten days of the marriage ceremony.
Civil marriage ceremonies are performed in our office by Deputy Commissioners of Civil Marriage. You may make an appointment at the San Bernardino Office by calling (909) 387- 8314. Walk-ins are also welcome from 8:00 a.m. – 3:30 p.m. M-F excluding holidays. The fee is $50.00
AUTHORIZED PERSONS TO PERFORM MARRIAGE CEREMONIES
Family Code Section 400. Marriage may be solemnized by any of the following who is of the age of 18 years or older: (a) A priest, minister, rabbi, or authorized person of any religious denomination. (b) A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state. (c) A judge or magistrate who has resigned from office. (d) Any of the following judges or magistrates of the United States: (1) A justice or retired justice of the United States Supreme Court. (2) A judge or retired judge of a court of appeals, a district court, or a court created by an act of Congress the judges of which are entitled to hold office during good behavior. (3) A judge or retired judge of a bankruptcy court or a tax court. (4) A United States magistrate or retired magistrate. (e) A legislator or constitutional officer of this state or a Member of Congress who represents a district within this state, while that person holds office.
401. (a) For each county, the county clerk is designated as a commissioner of civil marriages. (b) The commissioner of civil marriages may appoint deputy commissioners of civil marriages who may solemnize marriages under the direction of the commissioner of civil marriages and shall perform other duties directed by the commissioner.
402. In addition to the persons permitted to solemnize marriages under Section 400, a county may license officials of a nonprofit religious institution, whose articles of incorporation are registered with the Secretary of State, to solemnize the marriages of persons who are affiliated with or are members of the religious institution. The licensee shall possess the degree of doctor of philosophy and must perform religious services or rites for the institution on a regular basis. The marriages shall be performed without fee to the parties.
Photocopies of the marriage certificate may be purchased approximately one week after the original marriage license is received and recorded in the Recorder/County Clerk’s office by completing a marriage certificate application form www.sbcounty.gov/acr/vitals/info.asp and enclosing a fee of $13.00 for each copy requested. Restrictions do apply to confidential marriages so please see below:
• Public Marriages (including Non-Clergy, Declaration, and Court Order Delayed) Anyone may obtain a certified copy of a public, declared, or non-clergy marriage certificate by mail or in person from the County Recorder. The requester must sufficiently identify the record requested, e.g., names of the parties to the marriage, date, county of event, etc. • Confidential License and Certificate of Marriage Only the parties to the marriage may be provided a certified copy of a confidential marriage record. The certified copy may be requested in any of the following ways: o By submitting the application for a certified copy of the confidential marriage certificate provided to the parties at the time the marriage license was issued. o By personally appearing at the County Clerk’s Office where the marriage certificate is registered and producing proper identification. o By submitting a written request with their signature acknowledged by a notary public or County Clerk attesting to their identity and mailing that request to the County Clerk. Note: The fee for a search of the records is the same as for a copy (Health &Safety Code Section 103650). If no record is found, the fee is retained and the requester will be issued a “Certification of No Public Record”.
For additional information please call (909) 386-8916
COMMISSIONER FOR ONE DAY PROGRAM
This is a one time, one-event appointment.
The bride, the groom or the person performing the marriage ceremony must reside in San Bernardino County. The person wishing to be appointed as a commissioner of civil marriages must:
Be at least 18 years of age Appear in person at the County Clerk's Office (by appointment) Present current government issued identification Complete an application Pay a fee of $75.00 (non-refundable)
The process is done by appointment only. Please submit the “Deputy Commissioner of Marriages” application at least six weeks in advance of the date of the ceremony.
After approval is given, you will be given instructions for completion of the license, sample wedding vows and a copy of your appointment. For further information, please call (909) 386-8916.
What is the difference between a “Regular” and a “Confidential” marriage license? There are a number of differences. A regular marriage license is a public record. A license and certificate of confidential marriage is only accessible by the husband, wife, or by decree signed by a superior court judge. At least one witness is required to observe the solemnization for a regular, public ceremony. No witnesses are required to observe a confidential marriage ceremony. A regular license may be used throughout the state. However, the confidential license may only be used in the county of issue. The confidential license fee is $2.00 more than the regular license.
What are acceptable forms of identification? 1. Drivers license 2. State issued I.D. card 3. Passport 4. Military service or military dependent I.D. card 5. Alien registration card (formerly known as “Green” card) 6. I.D. card issued by the U.S. Government a. If a form of identification which includes both a photograph and birth date is not available, the use of two other identification documents will be necessary to prove identity and age (one with a photograph and one with a birth date). Some examples of these types of documents are: i. Photograph: • School identification card • Employee identification card ii. Birth Date: • Certified copy of a birth certificate • Baptismal certificate • Adoption records
If you do not have a government-issued, picture identification, contact the County Clerk's Office at (909)387-8334 to discuss your options.
Are blood tests required? No. As of January 1, 1995, the State of California has stopped requiring blood tests.
Is there a waiting period between purchasing the license and the ceremony? No. Not since January 1, 1995, when the State of California stopped requiring blood tests.
Do I have to be a United States citizen? No. You do not have to be a U.S. to marry in California.
Do I have to reside in California? No. California does not have any residency requirements.
I was married in another country, do I need to get married in the U.S.A. to make it legal? No. As long as you were legally married in the other country, the United States should recognize/accept your marriage. However, you may need to provide proof of your marriage. You should always have at least one certified copy of your marriage record.
Who is authorized to solemnize a marriage ceremony? Please click this link for a list of authorized persons to solemnize marriages
How can I get married if I am under the age of 18? If one or both parties requesting a marriage license are under the age of 18, then a court order and judge/parental consent for the minor must be obtained and filed with the county clerk before a license can be issued. This applies to emancipated minors as well. For additional information please click here Marriage license for minors
Does purchasing a marriage license make us married? No. A ceremony must be performed after purchasing a marriage license for you to be legally married.
Updated
August 24, 2009
|