October 18, 2011 By Paul Wallin

Believe it or not, we actually recently received a call from a couple wanting to get married but didn’t know what they had to do to get married. They wanted to know the process for entering into a legal marriage in California. We directed them to the Family Code which gives very specific instructions to follow. We will now go over the specific code sections in the Family Code that are on point.

First, any couple wishing to get married should go to a courthouse and obtain a marriage license. Under Family Code § 350 (a):
“Before entering a marriage, or declaring a marriage, the parties shall first obtain a marriage license from a county clerk.”
Moreover, per Family Code § 351, the marriage license shall show all of the following:
(a) The identity of the parties to the marriage,
(b) The parties’ full given names at birth or by court order, and mailing addresses; and
(c) The parties’ dates of birth.

It is important to note that per Family Code § 352:
“No marriage license shall be granted if either of the applicants lacks the capacity
to enter into a valid marriage or is, at the time of making the application for the
license, under the influence of an intoxicating liquor or narcotic drug.”

It is also important to note that per Family code § 354 (a):
“Each applicant for a marriage license shall be required to present authentic photo I identification acceptable to the county clerk as to name and date of birth.”
Lastly, the parties must get married via valid marriage ceremony within 90 days from the issuance of the marriage license. Per Family Code § 356:
“A marriage license issued pursuant to this part expires 90 days after its issuance. The calendar date of expiration shall be clearly noted on the face of the license.”

After the parties submit proof of their marriage to the clerk, they will receive a marriage certificate.

We hope that the information in this blog gives you some helpful insight into the process of getting married legally. If you or a loved one needs assistance with this issue or any other type of family law matter, call the Orange County family law attorneys at Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive family law attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

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