There is a newer version of the California Code
2005 California Family Code Sections 500-511 CHAPTER 1. GENERAL PROVISIONS
FAMILY.CODESECTION 500-511
500. When an unmarried man and an unmarried woman, not minors, have been living together as husband and wife, they may be married pursuant to this chapter by a person authorized to solemnize a marriage under Chapter 1 (commencing with Section 400) of Part 3, without the necessity of first obtaining health certificates. 501. Except as provided in Section 502, a confidential marriage license shall be issued by the county clerk upon the personal appearance of the parties to be married and their payment of the fees required by Sections 26840.1 and 26840.8 of the Government Code and any fee imposed pursuant to the authorization of Section 26840.3 of the Government Code. 502. If, for any reason, either or both of the parties to be married is physically unable to appear in person before the county clerk, a confidential marriage license shall be issued by the county clerk to the person solemnizing the marriage upon that person's presenting an affidavit to the county clerk, signed by the person and the parties to be married, explaining the reason for the inability to appear. 503. The county clerk shall issue a confidential marriage license upon the request of a notary public approved by the county clerk to authorize confidential marriages pursuant to Chapter 2 (commencing with Section 530) and upon payment by the notary public of the fees specified in Sections 26840.1 and 26840.8 of the Government Code. The parties shall reimburse a notary public who authorizes a confidential marriage for the amount of the fees. 504. A confidential marriage license is valid only for a period of 90 days after its issuance by the county clerk and may only be used in the county in which it was issued. 505. (a) The form of the confidential marriage license shall be prescribed by the State Registrar of Vital Statistics. (b) The form shall be designed to require that the parties to be married declare or affirm that they meet all of the requirements of this chapter. (c) The form shall include a certificate of marriage, which shall be filled out by the parties upon performance of the marriage and be authenticated by the person solemnizing the marriage. (d) The form shall include an affidavit on the back, which the husband and wife shall sign, affirming that they have received the brochure provided for in Section 358. (e) The affidavit required by subdivision (d) shall state: AFFIDAVIT I acknowledge that I have received the brochure titled __________ ______________________________________ ______________________ Signature of Wife Date ______________________________________ ______________________ Signature of Husband Date 506. (a) The confidential marriage license shall be presented to the person solemnizing the marriage. (b) Upon performance of the ceremony, the confidential marriage certificate shall be filled out by the parties to the marriage and authenticated by the person solemnizing the marriage. (c) The certificate shall be returned by the person solemnizing the marriage to the office of the county clerk in the county in which the license was issued within 10 days after the ceremony. 508. Upon issuance of a confidential marriage certificate, parties shall be provided with an application to obtain a certified copy of the confidential marriage certificate from the county clerk. 509. (a) A party to a confidential marriage may obtain a certified copy of the confidential marriage certificate from the county clerk of the county in which the certificate is filed in any of the following ways: (1) By submitting the application for a certified copy of the confidential marriage certificate provided to the parties pursuant to Section 508. (2) By personally appearing before a notary public or at the county clerk's office in the party's county of residence, producing proper identification, obtaining a certificate attesting to the party' s identity from the notary public or county clerk, and transmitting that certificate, together with a request for the certified copy of the confidential marriage certificate, to the county clerk of the county with which the certificate is filed. (3) By personally appearing at the county clerk's office where the certificate is filed and producing proper identification. (b) Copies of a confidential marriage certificate may be issued to the parties to the marriage upon the payment of a fee equivalent to that charged for copies of a certificate of marriage. 510. (a) If a confidential marriage certificate is lost, damaged, or destroyed after the performance of the marriage and before it is returned, the county clerk may issue a replacement upon the payment of a fee of five dollars ($5). (b) The duplicate license may not be issued later than one year after issuance of the original license and shall be returned by the person solemnizing the marriage to the county clerk within 10 days after issuance. 511. (a) Except as provided in subdivision (b), the county clerk shall maintain confidential marriage certificates filed pursuant to Section 506 as permanent records which shall not be open to public inspection except upon order of the court issued upon a showing of good cause. (b) The county clerk shall keep all original certificates of confidential marriages for one year from the date of filing. After one year, the clerk may microfilm the certificates and dispose of the original certificates or microfilm the certificates and send the original certificates to the Office of the State Registrar. The county clerk shall promptly seal and store at least one original negative of each microphotographic film made in a manner and place as reasonable to ensure its preservation indefinitely against loss, theft, defacement, or destruction. The microphotograph shall be made in a manner that complies with the minimum standards or guidelines, or both, recommended by the American National Standards Institute or the Association for Information and Image Management. Every reproduction shall be deemed and considered an original. A certified copy of any reproduction shall be deemed and considered a certified copy of the original. (c) The county clerk may conduct a search for a confidential marriage certificate for the purpose of confirming the existence of a marriage, but the date of the marriage and any other information contained in the certificate shall not be disclosed except upon order of the court. (d) The county clerk shall, not less than quarterly, transmit copies of all original confidential marriage certificates retained, or originals of microfilmed confidential marriage certificates filed after January 1, 1982, to the State Registrar of Vital Statistics. The registrar may destroy the copies so transmitted after they have been indexed. The registrar may respond to an inquiry as to the existence of a marriage performed pursuant to this chapter, but shall not disclose the date of the marriage.
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.