reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 6 - ENFORCEMENT OF JUDGMENTS AND ORDERS › Section 291.

291. (a) A money judgment or judgment for possession or sale of property that is made or entered under this code, including a judgment for child, family, or spousal support, is enforceable until paid in full or otherwise satisfied.
(b) A judgment described in this section is exempt from any requirement that a judgment be renewed. Failure to renew a judgment described in this section has no effect on the enforceability of the judgment.
(c) A judgment described in this section may be renewed pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure. An application for renewal of a judgment described in this section, whether or not payable in installments, may be filed:
(1) If the judgment has not previously been renewed as to past due amounts, at any time.
(2) If the judgment has previously been renewed, the amount of the judgment as previously renewed and any past due amount that became due and payable after the previous renewal may be renewed at any time after a period of at least five years has elapsed from the time the judgment was previously renewed.
(d) In an action to enforce a judgment for child, family, or spousal support, the defendant may raise, and the court may consider, the defense of laches only with respect to any portion of the judgment that is owed to the state.
(e) Nothing in this section supersedes the law governing enforcement of a judgment after the death of the judgment creditor or judgment debtor.
(f) On or before January 1, 2008, the Judicial Council shall develop self-help materials that include: (1) a description of the remedies available for enforcement of a judgment under this code, and (2) practical advice on how to avoid disputes relating to the enforcement of a support obligation. The self-help materials shall be made available to the public through the Judicial Council self-help Internet Web site.
(g) As used in this section, “judgment” includes an order.
(Amended by Stats. 2007, Ch. 130, Sec. 87. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 6 - ENFORCEMENT OF JUDGMENTS AND ORDERS › Section 292.

292. (a) The Judicial Council shall modify the title of its existing form, “Order to Show Cause and Declaration for Contempt (Family Law),” to “Order to Show Cause and Affidavit for Contempt (Family Law).”
(b) The Judicial Council shall prescribe a form entitled “Affidavit of Facts Constituting Contempt” that a party seeking to enforce a judgment or order made or entered pursuant to this code by contempt may use as an attachment to the Judicial Council form entitled “Order to Show Cause and Affidavit for Contempt (Family Law).” The form shall provide in the simplest language possible:
(1) The basic information needed to sustain a cause of action for contempt, including, but not limited to, the elements of a cause of action for contempt.
(2) Instructions on how to prepare and submit the Order to Show Cause and Affidavit for Contempt (Family Law) and the Affidavit of Facts Constituting Contempt.
(3) Lines for the date and a signature made under penalty of perjury.
(c) Section 1211.5 of the Code of Civil Procedure shall apply to the Order to Show Cause and Affidavit for Contempt (Family Law) and the Affidavit of Facts Constituting Contempt.
(Added by Stats. 1995, Ch. 904, Sec. 2. Effective January 1, 1996.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 7 - TRIBAL MARRIAGES AND DIVORCES › Section 295.

295. (a) For the purpose of application of the laws of succession set forth in the Probate Code to a decedent, and for the purpose of determining the validity of a marriage under the laws of this state, an alliance entered into before 1958, which, by custom of the Indian tribe, band, or group of which the parties to the alliance, or either of them, are members, is commonly recognized in the tribe, band, or group as marriage, is deemed a valid marriage under the laws of this state.
(b) In the case of these marriages and for the purposes described in subdivision (a), a separation, which, by custom of the Indian tribe, band, or group of which the separating parties, or either of them, are members, is commonly recognized in the tribe, band, or group as a dissolution of marriage, is deemed a valid divorce under the laws of this state.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2.5 - DOMESTIC PARTNER REGISTRATION › PART 1 - DEFINITIONS › Section 297.

297. (a) Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.
(b) A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met:
(1) Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.
(2) The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
(3) Both persons are at least 18 years of age, except as provided in Section 297.1.
(4) Both persons are capable of consenting to the domestic partnership.
(Amended by Stats. 2019, Ch. 135, Sec. 1. (SB 30) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 2.5 - DOMESTIC PARTNER REGISTRATION › PART 2 - REGISTRATION › Section 298.5.

298.5. (a) Two persons desiring to become domestic partners may complete and file a Declaration of Domestic Partnership with the Secretary of State.
(b) The Secretary of State shall register the Declaration of Domestic Partnership in a registry for those partnerships, and shall return a copy of the registered form, a Certificate of Registered Domestic Partnership, and a copy of the brochure that is made available to county clerks and the Secretary of State by the State Department of Public Health pursuant to Section 358 and distributed to individuals receiving a confidential marriage license pursuant to Section 503, to the domestic partners at the mailing address provided by the domestic partners.
(c) A person who has filed a Declaration of Domestic Partnership may not file a new Declaration of Domestic Partnership or enter a civil marriage with someone other than their registered domestic partner unless the most recent domestic partnership has been terminated or a final judgment of dissolution or nullity of the most recent domestic partnership has been entered. This prohibition does not apply if the previous domestic partnership ended because one of the partners died.
(d) When funding allows, the Secretary of State shall print and make available upon request, pursuant to Section 358, a lesbian, gay, bisexual, and transgender specific domestic abuse brochure developed by the State Department of Public Health and made available to the Secretary of State to domestic partners who qualify pursuant to Section 297.
(e) The Certificate of Registered Domestic Partnership shall include the name used by each party before registration of the domestic partnership and the new name, if any, selected by each party upon registration of the domestic partnership.
(Amended by Stats. 2019, Ch. 135, Sec. 4. (SB 30) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 2.5 - DOMESTIC PARTNER REGISTRATION › PART 2 - REGISTRATION › Section 298.7.

298.7. The Secretary of State shall establish a process by which two persons, who have been living together as domestic partners and who meet the requirements of paragraphs (1) to (4), inclusive, of subdivision (b) of Section 297, may enter into a confidential domestic partnership. This process shall do all of the following:
(a) Maintain each confidential Declaration of Domestic Partnership as a permanent record that is not open to public inspection except upon order of the court issued upon a showing of good cause.
(b) Authorize the Secretary of State to charge a reasonable fee to offset costs directly connected with maintaining confidentiality of a Declaration of Domestic Partnership.
(Amended by Stats. 2019, Ch. 135, Sec. 6. (SB 30) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 2.5 - DOMESTIC PARTNER REGISTRATION › PART 2 - REGISTRATION › Section 298.8.

298.8. (a) The Secretary of State shall create a document no later than March 1, 2020, with annual updates no later than March 1 of each year thereafter, disaggregated by county, containing only the following information concerning domestic partnerships that were registered during the preceding calendar year and in which one or both of the parties were minors at the time the domestic partnership was established:
(1) The total number of those registered domestic partnerships.
(2) Itemized for each of those registered domestic partnerships, the age of each party at the time the domestic partnership was established.
(3) Itemized for each of those registered domestic partnerships, the gender of each party as documented on the court order pursuant to Section 297.1, unless the court order does not include the gender.
(b) The document shall not contain the names, addresses, or other personal identifying information of parties to a registered domestic partnership, or any information identifying a registered domestic partnership. The document shall not contain a registered domestic partnership or a copy of the court order described in Section 297.1.
(c) The Secretary of State shall make the document available to the public upon request.
(Added by Stats. 2018, Ch. 660, Sec. 2. (SB 273) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 2.5 - DOMESTIC PARTNER REGISTRATION › PART 3 - TERMINATION › Section 299.2.

299.2. A legal union of two persons, other than a marriage, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership as defined in this part, shall be recognized as a valid domestic partnership in this state regardless of whether it bears the name domestic partnership.
(Amended by Stats. 2019, Ch. 135, Sec. 7. (SB 30) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 2.5 - DOMESTIC PARTNER REGISTRATION › PART 5 - PREEMPTION › Section 299.6.

299.6. (a) Any local ordinance or law that provides for the creation of a “domestic partnership” shall be preempted on and after July 1, 2000, except as provided in subdivision (c).
(b) Domestic partnerships created under any local domestic partnership ordinance or law before July 1, 2000, shall remain valid. On and after July 1, 2000, domestic partnerships previously established under a local ordinance or law shall be governed by this division and the rights and duties of the partners shall be those set out in this division, except as provided in subdivision (c), provided a Declaration of Domestic Partnership is filed by the domestic partners under Section 298.5.
(c) Any local jurisdiction may retain or adopt ordinances, policies, or laws that offer rights within that jurisdiction to domestic partners as defined by Section 297 or as more broadly defined by the local jurisdiction’s ordinances, policies, or laws, or that impose duties upon third parties regarding domestic partners as defined by Section 297 or as more broadly defined by the local jurisdiction’s ordinances, policies, or laws, that are in addition to the rights and duties set out in this division, and the local rights may be conditioned upon the agreement of the domestic partners to assume the additional obligations set forth in this division.
(Added by Stats. 1999, Ch. 588, Sec. 2. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 1 - VALIDITY OF MARRIAGE › Section 300.

300. (a) Marriage is a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).
(b) For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county recorder, at which time the license becomes a marriage certificate.
(Amended by Stats. 2014, Ch. 82, Sec. 2. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 1 - VALIDITY OF MARRIAGE › Section 301.

301. Two unmarried persons 18 years of age or older, who are not otherwise disqualified, are capable of consenting to and consummating marriage.
(Amended by Stats. 2014, Ch. 82, Sec. 3. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 1 - VALIDITY OF MARRIAGE › Section 302.

302. (a) An unmarried person under 18 years of age may be issued a marriage license upon obtaining a court order granting permission to the underage person or persons to marry, in accordance with the requirements described in Section 304.
(b) The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.
(Amended by Stats. 2018, Ch. 660, Sec. 3. (SB 273) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 1 - VALIDITY OF MARRIAGE › Section 303.

303. If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry, in accordance with the requirements described in Section 304. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.
(Amended by Stats. 2018, Ch. 660, Sec. 4. (SB 273) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 1 - VALIDITY OF MARRIAGE › Section 306.

306. Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the authenticated marriage license shall be returned to the county recorder of the county where the marriage license was issued, as provided in this part. Noncompliance with this part by a nonparty to the marriage does not invalidate the marriage.
(Amended by Stats. 2006, Ch. 816, Sec. 4. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 1 - VALIDITY OF MARRIAGE › Section 307.

307. This division, so far as it relates to the solemnizing of marriage, is not applicable to members of a particular religious society or denomination not having clergy for the purpose of solemnizing marriage or entering the marriage relation, if all of the following requirements are met:
(a) The parties to the marriage sign and endorse on the form prescribed by the State Department of Public Health, showing all of the following:
(1) The fact, time, and place of entering into the marriage.
(2) The printed names, signatures, and mailing addresses of two witnesses to the ceremony.
(3) The religious society or denomination of the parties to the marriage, and that the marriage was entered into in accordance with the rules and customs of that religious society or denomination. The statement of the parties to the marriage that the marriage was entered into in accordance with the rules and customs of the religious society or denomination is conclusively presumed to be true.
(b) The License and Certificate of Non-Clergy Marriage, endorsed pursuant to subdivision (a), is returned to the county recorder of the county in which the license was issued within 10 days after the ceremony.
(Amended (as amended by Stats. 2006, Ch. 816) by Stats. 2007, Ch. 483, Sec. 9. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 1 - VALIDITY OF MARRIAGE › Section 308.

308. A marriage contracted outside this state that would be valid by laws of the jurisdiction in which the marriage was contracted is valid in California.
(Amended by Stats. 2016, Ch. 474, Sec. 4. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 1 - VALIDITY OF MARRIAGE › Section 309.

309. If either party to a marriage denies the marriage, or refuses to join in a declaration of the marriage, the other party may proceed, by action pursuant to Section 103450 of the Health and Safety Code, to have the validity of the marriage determined and declared.
(Amended by Stats. 2006, Ch. 816, Sec. 6. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 1 - VALIDITY OF MARRIAGE › Section 310.

310. Marriage is dissolved only by one of the following:
(a) The death of one of the parties.
(b) A judgment of dissolution of marriage.
(c) A judgment of nullity of marriage.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 350.

350. (a) Before entering a marriage, or declaring a marriage pursuant to Section 425, the parties shall first obtain a marriage license from a county clerk.
(b) If a marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney-in-fact shall appear before the county clerk on behalf of the party who is overseas, as prescribed in subdivision (a).
(Amended by Stats. 2004, Ch. 476, Sec. 1. Effective September 10, 2004.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 351.

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.
(c) The parties’ dates of birth.
(Amended by Stats. 2006, Ch. 816, Sec. 8. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 351.5.

351.5. Notwithstanding subdivision (b) of Section 351 or 359 of this code, or Section 103175 of the Health and Safety Code, if either of the applicants for, or any witness to, a certificate of registry of marriage and a marriage license requests, the certificate of registry and the marriage license shall show the business address or United States Postal Service post office box for that applicant or witness instead of the residential address of that person.
(Added by Stats. 2006, Ch. 60, Sec. 1. Effective January 1, 2007.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 351.6.

351.6. Notwithstanding Section 307, 351, 351.5, 359, or 422 of this code, or Section 103175 or 103180 of the Health and Safety Code, a mailing address used by an applicant, witness, or person solemnizing or performing the marriage ceremony shall be a residential address, a business address, or a United States Postal Service post office box.
(Added by Stats. 2006, Ch. 816, Sec. 8.5. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 352.

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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 354.

354. (a) Each applicant for a marriage license shall be required to present authentic photo identification acceptable to the county clerk as to name and date of birth. A credible witness affidavit or affidavits may be used in lieu of authentic photo identification.
(b) For the purpose of ascertaining the facts mentioned or required in this part, if the clerk deems it necessary, the clerk may examine the applicants for a marriage license on oath at the time of the application. The clerk shall reduce the examination to writing and the applicants shall sign it.
(c) If necessary, the clerk may request additional documentary proof as to the accuracy of the facts stated.
(d) Applicants for a marriage license shall not be required to state, for any purpose, their race or color.
(e) If a marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney in fact shall comply with the requirements of this section on behalf of the applicant who is overseas, if necessary.
(Amended by Stats. 2006, Ch. 816, Sec. 10. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 355.

355. (a) The forms for the marriage license shall be prescribed by the State Department of Public Health, and shall be adapted to set forth the facts required in this part.
(b) The marriage license shall include an affidavit, which the applicants shall sign, affirming that they have received the brochure provided for in Section 358. If the marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney in fact shall sign the affidavit on behalf of the applicant who is overseas.
(c) The forms for the marriage license shall contain spaces for either party or both parties to indicate a change in name pursuant to Section 306.5.
(Amended (as amended by Stats. 2006, Ch. 816) by Stats. 2007, Ch. 567, Sec. 8. Effective January 1, 2008. Operative January 1, 2009, by Sec. 13 of Ch. 567.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 356.

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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 357.

357. (a) The county clerk shall number each marriage license issued and shall transmit at periodic intervals to the county recorder a list or copies of the licenses issued.
(b) Not later than 60 days after the date of issuance, the county recorder shall notify licenseholders whose marriage license has not been returned of that fact and that the marriage license will automatically expire on the date shown on its face.
(c) The county recorder shall notify the licenseholders of the obligation of the person solemnizing their marriage to return the marriage license to the recorder’s office within 10 days after the ceremony.
(Amended by Stats. 2006, Ch. 816, Sec. 12. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 358.

358. (a) The State Department of Public Health shall prepare and publish a brochure that shall contain the following:
(1) Information concerning the possibilities of genetic defects and diseases and a listing of centers available for the testing and treatment of genetic defects and diseases.
(2) Information concerning acquired immunodeficiency syndrome (AIDS) and the availability of testing for antibodies to the probable causative agent of AIDS.
(3) Information concerning domestic violence, including resources available to victims and a statement that physical, emotional, psychological, and sexual abuse, and assault and battery, are against the law.
(4) Information concerning options for changing a name upon solemnization of marriage pursuant to Section 306.5, or upon registration of a domestic partnership pursuant to Section 298.6. That information shall include a notice that the recording of a change in name or the absence of a change in name on a marriage license application and certificate pursuant to Section 306.5 may not be amended once the marriage license is issued, but that options to adopt a change in name in the future through usage, common law, or petitioning the superior court are preserved, as set forth in Section 306.5.
(b) The State Department of Public Health shall make the brochures available to county clerks who shall distribute a copy of the brochure to each applicant for a marriage license, including applicants for a confidential marriage license and notaries public receiving a confidential marriage license pursuant to Section 503. The department shall also make the brochure available to the Secretary of State, who shall distribute a copy of the brochure to persons who qualify as domestic partners pursuant to Section 297 and shall make the brochure available electronically on the Internet Web site of the Secretary of State.
(c) The department shall prepare a lesbian, gay, bisexual, and transgender specific domestic abuse brochure and make the brochure available to the Secretary of State who shall print and make available the brochure, as funding allows, pursuant to Section 298.5.
(d) Each notary public issuing a confidential marriage license under Section 503 shall distribute a copy of the brochure to the applicants for a confidential marriage license.
(e) To the extent possible, the State Department of Public Health shall seek to combine in a single brochure all statutorily required information for marriage license applicants.
(Amended by Stats. 2007, Ch. 567, Sec. 9. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 359.

359. (a) Except as provided in Sections 420 and 426, applicants to be married shall first appear together in person before the county clerk to obtain a marriage license.
(b) The contents of the marriage license are provided in Part 1 (commencing with Section 102100) of Division 102 of the Health and Safety Code.
(c) The issued marriage license shall be presented to the person solemnizing the marriage by the parties to be married.
(d) The person solemnizing the marriage shall complete the solemnization sections on the marriage license, and shall cause to be entered on the marriage license the printed name, signature, and mailing address of at least one, and no more than two, witnesses to the marriage ceremony.
(e) The marriage license shall be returned by the person solemnizing the marriage to the county recorder of the county in which the license was issued within 10 days after the ceremony.
(f) As used in this division, “returned” means presented to the appropriate person in person, or postmarked, before the expiration of the specified time period.
(g) This section shall become operative on January 1, 2024.
(Repealed (in Sec. 1) and added by Stats. 2021, Ch. 620, Sec. 2. (AB 583) Effective October 7, 2021. Operative January 1, 2024, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 2 - MARRIAGE LICENSE › Section 360.

360. (a) If a marriage license is lost, damaged, or destroyed after the marriage ceremony, but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder, the person solemnizing the marriage, in order to comply with Section 359, shall obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued.
(b) The duplicate marriage license shall not be issued later than one year after the date of marriage and shall be returned by the person solemnizing the marriage to the county recorder within one year of the date of marriage.
(c) The county clerk may charge a fee to cover the actual costs of issuing a duplicate marriage license.
(d) If a marriage license is lost, damaged, or destroyed before a marriage ceremony takes place, the applicants shall purchase a new marriage license and the old license shall be voided.
(Amended by Stats. 2016, Ch. 474, Sec. 5. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 3 - SOLEMNIZATION OF MARRIAGE › CHAPTER 1 - Persons Authorized to Solemnize Marriage › Section 400.

400. (a) Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of the person’s faith. Refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity.
(b) Consistent with Section 94.5 of the Penal Code and provided that any compensation received is reasonable, including payment of actual expenses, a marriage may also be solemnized by any of the following persons:
(1) 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.
(2) A judge or magistrate who has resigned from office.
(3) Any of the following judges or magistrates of the United States:
(A) A justice or retired justice of the United States Supreme Court.
(B) A judge or retired judge of a court of appeals, a district court, or a court created by an act of the United States Congress the judges of which are entitled to hold office during good behavior.
(C) A judge or retired judge of a bankruptcy court or a tax court.
(D) A United States magistrate or retired magistrate.
(c) Except as provided in subdivision (d), a marriage may also be solemnized by any of the following persons who are 18 years of age or older:
(1) A Member of the Legislature or constitutional officer of this state or a Member of Congress of the United States who represents a district within this state, or a former Member of the Legislature or constitutional officer of this state or a former Member of Congress of the United States who represented a district within this state.
(2) A person that holds or formerly held an elected office of a city, county, or city and county.
(3) A city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, while that person holds office.
(d) (1) A person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office.
(2) A person listed in subdivision (c) shall not solemnize a marriage pursuant to this section if they have been removed from office due to committing an offense or have been convicted of an offense that involves moral turpitude, dishonesty, or fraud.
(Amended by Stats. 2019, Ch. 115, Sec. 8. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 3 - SOLEMNIZATION OF MARRIAGE › CHAPTER 1 - Persons Authorized to Solemnize Marriage › Section 401.

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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 3 - SOLEMNIZATION OF MARRIAGE › CHAPTER 1 - Persons Authorized to Solemnize Marriage › Section 402.

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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 3 - SOLEMNIZATION OF MARRIAGE › CHAPTER 2 - Solemnization of Marriage › Section 420.

420. (a) No particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties shall declare, in the physical presence of the person solemnizing the marriage and necessary witnesses, that they take each other as spouses.
(b) Notwithstanding subdivision (a), 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 attorney in fact shall personally appear at the county clerk’s office with the party who is not stationed overseas and present the original power of attorney duly signed by the party stationed overseas and acknowledged before a notary or witnessed by two officers of the United States Armed Forces. Copies in any form, including by facsimile, are not acceptable. The power of attorney shall state the full given names at birth, or by court order, of the parties to be married, and that the power of attorney is solely for the purpose of authorizing the attorney in fact to obtain a marriage license on the person’s behalf and participate in the solemnization of the marriage. The original power of attorney shall be a part of the marriage certificate upon registration. The completion of a power of attorney shall be the sole determinant as to whether the county clerk’s office and the State Registrar will accept the power of attorney.
(c) A contract of marriage, if otherwise duly made, shall not be invalidated for want of conformity to the requirements of any religious sect.
(Amended by Stats. 2016, Ch. 130, Sec. 1. (AB 2128) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 3 - SOLEMNIZATION OF MARRIAGE › CHAPTER 2 - Solemnization of Marriage › Section 421.

421. Before solemnizing a marriage, the person solemnizing the marriage shall require the presentation of the marriage license. If the person solemnizing the marriage has reason to doubt the correctness of the statement of facts in the marriage license, the person must be satisfied as to the correctness of the statement of facts before solemnizing the marriage. For this purpose, the person may administer oaths and examine the parties and witnesses in the same manner as the county clerk does before issuing the license.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 3 - SOLEMNIZATION OF MARRIAGE › CHAPTER 2 - Solemnization of Marriage › Section 422.

422. The person solemnizing a marriage shall sign and print or type upon the marriage license a statement, in the form prescribed by the State Department of Public Health, showing all of the following:
(a) The fact, date (month, day, year), and place (city and county) of solemnization.
(b) The printed names, signatures, and mailing addresses of at least one, and no more than two, witnesses to the ceremony.
(c) The official position of the person solemnizing the marriage, or of the denomination of which that person is a priest, minister, rabbi, or other authorized person of any religious denomination.
(d) The person solemnizing the marriage shall also type or print their name and mailing address.
(Amended by Stats. 2019, Ch. 115, Sec. 9. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 3 - SOLEMNIZATION OF MARRIAGE › CHAPTER 2 - Solemnization of Marriage › Section 423.

423. (a) The person solemnizing the marriage shall return the marriage license, endorsed as required in Section 422, to the county recorder of the county in which the license was issued within 10 days after the ceremony.
(b) For purposes of Section 102356 of the Health and Safety Code, the person solemnizing the marriage shall include with the marriage license described in subdivision (a) a copy of the court order granting permission to marry described in Section 304, if one or both of the parties to the marriage were minors at the time of solemnization of the marriage.
(Amended by Stats. 2018, Ch. 660, Sec. 6. (SB 273) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 3 - SOLEMNIZATION OF MARRIAGE › CHAPTER 2 - Solemnization of Marriage › Section 425.

425. If no record of the solemnization of a California marriage previously contracted under this division for that marriage is known to exist, the parties may purchase a License and Certificate of Declaration of Marriage from the county clerk in the parties’ county of residence one year or more from the date of the marriage. The license and certificate shall be returned to the county recorder of the county in which the license was issued.
(Amended by Stats. 2006, Ch. 816, Sec. 20. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 3 - SOLEMNIZATION OF MARRIAGE › CHAPTER 2 - Solemnization of Marriage › Section 426.

426. If for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person before the county clerk, a marriage license may be issued by the county clerk to the person solemnizing the marriage if the following requirements are met:
(a) The person solemnizing the marriage physically presents an affidavit to the county clerk explaining the reason for the inability to appear.
(b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by both parties.
(c) The signature of any party to be married who is unable to appear in person before the county clerk is authenticated by a notary public or a court prior to the county clerk issuing the marriage license.
(d) Sufficient reason includes proof of hospitalization, incarceration, or any other reason proved to the satisfaction of the county clerk.
(Added by Stats. 2006, Ch. 816, Sec. 21. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 500.

500. When two unmarried people, not minors, have been living together as spouses, 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.
(Amended by Stats. 2016, Ch. 474, Sec. 6. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 500.5.

500.5. For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county clerk, at which time the license becomes a marriage certificate.
(Added by Stats. 2006, Ch. 816, Sec. 22. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 501.

501. (a) Except as provided in Section 502, a confidential marriage license shall be issued by the county clerk upon the personal appearance together 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.
(b) This section shall become operative on January 1, 2024.
(Repealed (in Sec. 3) and added by Stats. 2021, Ch. 620, Sec. 4. (AB 583) Effective October 7, 2021. Operative January 1, 2024, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 502.

502. If for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person before the county clerk, a confidential marriage license may be issued by the county clerk to the person solemnizing the marriage if the following requirements are met:
(a) The person solemnizing the marriage physically presents an affidavit to the county clerk explaining the reason for the inability to appear.
(b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by both parties.
(c) The signature of any party to be married who is unable to appear in person before the county clerk is authenticated by a notary public or a court prior to the county clerk issuing the confidential marriage license.
(d) Sufficient reason includes proof of hospitalization, incarceration, or any other reason proved to the satisfaction of the county clerk.
(Amended by Stats. 2006, Ch. 816, Sec. 24. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 503.

503. The county clerk shall issue a confidential marriage license upon the request of a notary public approved by the county clerk to issue confidential marriage licenses 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 issues a confidential marriage license for the amount of the fees.
(Amended by Stats. 2006, Ch. 816, Sec. 25. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 504.

504. A confidential marriage license is valid only for a period of 90 days after its issuance by the county clerk.
(Amended by Stats. 2014, Ch. 913, Sec. 16. (AB 2747) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 505.

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 an affidavit, which the bride and groom shall sign, affirming that they have received the brochure provided for in Section 358.
(Amended by Stats. 2006, Ch. 816, Sec. 26. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 506.

506. (a) The confidential marriage license shall be presented to the person solemnizing the marriage.
(b) Upon performance of the ceremony, the solemnization section on the confidential marriage license shall be completed by the person solemnizing the marriage.
(c) The confidential marriage license 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.
(Amended by Stats. 2006, Ch. 816, Sec. 27. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 508.

508. Upon issuance of a confidential marriage license, parties shall be provided with an application to obtain a certified copy of the confidential marriage certificate from the county clerk.
(Amended by Stats. 2006, Ch. 816, Sec. 28. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 509.

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 by submitting an application that satisfies the requirements of Chapter 14 (commencing with Section 103525) of Part 1 of Division 102 of the Health and Safety Code.
(b) Copies of a confidential marriage certificate may be issued to the parties to the marriage upon payment of the fee equivalent to that charged for copies of a marriage certificate.
(Amended by Stats. 2009, Ch. 412, Sec. 2. (AB 130) Effective January 1, 2010.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 510.

510. (a) If a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county clerk, or deemed unacceptable for registration by the county clerk, the person solemnizing the marriage, in order to comply with Section 506, shall obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued.
(b) The duplicate license may not be issued later than one year after the date of the marriage and shall be returned by the person solemnizing the marriage to the county clerk within one year of the date of the marriage.
(c) The county clerk may charge a fee to cover the actual costs of issuing a duplicate marriage license.
(d) If a marriage license is lost, damaged, or destroyed before a marriage ceremony takes place, the applicants shall purchase a new marriage license and the old license shall be voided.
(Amended by Stats. 2020, Ch. 36, Sec. 27. (AB 3364) Effective January 1, 2021.)