Embarking on the journey of marriage in California is an exciting milestone. However, navigating the legal landscape requires attention to detail to ensure your union is recognized and protected under state law. Let’s explore some common mistakes couples make during the marriage process and how to avoid them.

Overlooking the Marriage License Requirements

One of the first steps to legally marry in California is obtaining a marriage license. It’s crucial to understand that:

• Both parties must appear together at the County Clerk’s office.
• Valid photo identification is required.
• There is no waiting period; you can marry immediately after receiving the license.

Failing to adhere to these requirements can delay your wedding plans. For a detailed guide on obtaining your marriage license, visit our How It Works page.

Misunderstanding the Role of the Officiant

California law stipulates who can officiate a wedding. Ensure your chosen officiant is authorized to solemnize marriages in the state. This includes clergy members, judges, and certain public officials. An unauthorized officiant can render your marriage invalid.

Neglecting to File the Marriage Certificate

After the ceremony, the officiant must return the signed marriage license to the County Clerk’s office to be recorded. This step is essential for obtaining your official marriage certificate. Without this, you may face challenges in legal matters requiring proof of marriage.

Assuming Common-Law Marriage Applies

California does not recognize common-law marriages. Simply cohabiting or presenting yourselves as married does not confer legal marital status. To be legally married, you must follow the formal process of obtaining a license and having a ceremony.

Overlooking Name Change Procedures

If you plan to change your name after marriage, the marriage certificate serves as the legal document to do so. However, you must notify various agencies, such as the Social Security Administration and the Department of Motor Vehicles, to update your records. Neglecting this can lead to discrepancies in official documents.

Failing to Understand Property Implications

California is a community property state, meaning assets acquired during the marriage are considered jointly owned. It’s important to understand how this affects property rights and responsibilities. Consulting with a legal professional can provide clarity and prevent future disputes.

Not Considering a Prenuptial Agreement

While it may seem unromantic, a prenuptial agreement can protect both parties’ interests, especially if there are significant assets or debts involved. Ensure that any agreement is fair and complies with California law to be enforceable.

Ignoring Residency Requirements for Divorce

Should the marriage not work out, be aware that California requires at least one party to have been a resident of the state for six months and of the county where the divorce is filed for three months. Understanding these requirements can prevent delays in the divorce process.

Overlooking Domestic Partnership Options

For couples who prefer an alternative to marriage, California offers domestic partnerships, granting many of the same rights and responsibilities. This option is available to both same-sex and opposite-sex couples.

Not Seeking Legal Advice When Needed

Marriage involves legal commitments. If you have questions or unique circumstances, consulting with a legal professional can provide personalized guidance and help you avoid common pitfalls.

By being aware of these common mistakes and taking proactive steps, you can ensure that your marriage in California is legally sound and starts on a solid foundation.

FAQs

What is the cost of a marriage license in California?

The fee varies by county but typically ranges from $50 to $100. Check with your local County Clerk’s office for the exact amount.

Can we get married the same day we obtain our marriage license?

Yes, California does not have a waiting period. You can marry immediately after receiving your marriage license.

Do we need witnesses for our marriage ceremony?

Yes, at least one witness is required to sign the marriage license during the ceremony.

How long do we have to return the marriage license after the ceremony?

The officiant must return the signed marriage license to the County Clerk’s office within 10 days of the ceremony.

Is a blood test required to get married in California?

No, California does not require blood tests for marriage.

For more information or assistance with your marriage plans, feel free to contact us. We’re here to help make your special day as seamless as possible.