“My neighbor is a minister. Can he preside over my marriage even if I do not belong to his church and will not be getting married at this church?” The answer to this question is yes. We actually, recently received a call from a lady who wanted to know the answer to this very question and it triggered a discussion on who can preside over marriages. The answer to this question is codified in Family Code § 400 – 402. Per Family Code § 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.
Moreover, per Family Code § 400.1, marriage may also be solemnized by a mayor of a city while that person holds office, as long as he or she obtains and reviews from the county clerk all available instructions for marriage solemnization before presiding over the marriage.
We hope that the information in this blog gives you some helpful information on who may officiate marriages in California. If you or a loved one needs assistance with any type of family law matter, call 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.
