Second Annual Vitals/County Clerk Staff Workshop

1. Second Annual Vitals/County Clerk Staff Workshop 2008

2. DISCLAIMER / WARNING This is a training workshop, but local practices do vary from county to county according to local policy and practice as well as local county counsel opinions. No practice or procedure you become aware of as a result of this workshop should be implemented in your own office without the full AWARENESS and APPROVAL of the County Clerk or Recorder for whom you work.

3. Marriage Registration System Consists of: • County Clerk • Marriage Officiant • County Recorder • Office of Vital Records • National Center for Health Statistics

4. County ClerkIssuance of Marriage Licenses

5. The County Clerk is responsible for the issuance of public and confidential marriage licenses. The County Clerk is the local registrar of confidential marriages (Family Code Section 511). A permanent index of all confidential marriages registered is maintained by the County Clerk.

6. Marriage License Forms

7. The “License and Certificate of Marriage” (VS117) is the standard public marriage certificate (Family Code, Section 359).

10. The “License and Certificate of Confidential Marriage” (VS123) is used by those persons who have been living together as husband and wife (Family Code, Section 500).

12. The “License and Certificate of Marriage for Denominations not having Clergy (VS115) is used by persons who are members of a religious society or denomination not having clergy (Family Code Section 307).

14. The “License and Certificate of Declaration of Marriage” (VS 116) is used by those persons who wishto declare an already existing licensed California marriage where no record of that marriage exists, and it has been one year or more since the date of that marriage. (Family Code, Section 425).

16. The “Court Order Delayed Certificate of Marriage” (VS122) is required under any of the following situations: 1) when a marriage was performed without the benefit of a license or when a license has expired before the date of the ceremony; 2) when the requirements to be issued a VS 116 cannot be met; 3) to record a marriage which occurred in another state or country where the record no longer exists (Health and Safety Code, Section 103450). • VS 122 Form Court Order Delayed Certificate of Marriage is a two part form, which is completed by a superior court clerk.

19. The “Power of Attorney: California Marriage License” is required when a member of the Armed Forces of the United States is stationed overseas and serving in a conflict of war and is unable to appear for the license and solemnization of his/her marriage. The power of attorney must be signed by the party stationed overseas and acknowledged by a notary or witnessed by two officers of the United States, Armed Forces. The power of attorney shall state the true legal names 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 part of the marriage certificate upon registration.

21. AFFIDAVIT OF INABILITY TO APPEAR • This may be used if for sufficient reason one or both parties cannot physically appear together to apply for the marriage license [FC 426, 502]. • Specifies sufficient reason includes: • Proof of hospitalization • Incarceration • Other reason proved to the satisfaction of the County Clerk

22. AFFIDAVIT OF INABILITY TO APPEAR Con't • Can be used for either a public or confidential marriage license [FC 426, 502] • Requires the signature of the party who is unable to physically appear be authenticated by a court or notary public • Requires the affidavit be executed under penalty of perjury by all parties (bride, groom and person solemnizing the marriage] • Requires the person solemnizing the marriage physically present the completed affidavit to the County Clerk explaining the reason for the inability to appear • NOTE: GC 8224(a) prohibits the notary public who has authenticated the signature(s) of the person(s) who is/are unable to physically appear in person at the County Clerk’s Office from also being the person solemnizing this marriage.

24. Affidavit to Amend a Marriage Record

29. (VS 24C) Example when name is too long to fit in boxes.

30. (VS 24C) Example when adding AKA’s.

31. Application The application may serve as a transaction record for the County Clerk and should only be retained until the certificate is registered or no more than two years. Sixty-Day Letter A list of persons to whom a public marriage license was issued or the (third) copy of the license is to be sent by the County Clerk to the County Recorder’s Office. If the certificate has not been registered after 60 days, the county recorder must send a letter alerting the couple to the expiration date of their license (Family Code, Section 357).

32. COUNTY CLERK SPECIFIC RESPONSIBILITIES

33. County Clerk Specific Responsibilities The County Clerk or other local official legally authorized to issue marriage licenses should: • Determine which marriage license to issue. • Collect required fees. • Receive the application for a marriage license, and review the application for completeness, accuracy, and compliance with the marriage laws of the State of California. • Complete the personal information about the bride and groom as required on the marriage license forms. • Issue the license with the necessary signatures.

34. County Clerk Confidential Marriage Responsibilities

35. County Clerk • Confidential Marriage Responsibilities • The County Clerk is responsible for maintaining a permanent record of all confidential marriages (Family Code, Section 511). Therefore, after the ceremony, the confidential license is returned to the county clerk to be registered. Prior to registration the confidential license is to be reviewed for the following: • The date and place of marriage; and • 2. Proper completion by the person who performed the • ceremony.

36. If the license is not acceptable, contact the couple and/or the person who performed the ceremony regarding the problem and how it may be corrected, e.g., duplicate, declaration, amendment, or court order. • If the license is acceptable, sign and register the marriage event. • Maintain the original confidential marriage certificate as a permanent record which shall not be open to public inspection except upon court order (Family Code, Section 511). • Forward, not less than quarterly, copies of all confidential marriage certificates to the Office of Vital Records (Family Code, Section 511).

37. Purchasing a Marriage License

38. Purchasing a Marriage License • Applicants for a marriage license must be unmarried male and an unmarried female • Applicants must be at least 18 years of age to marry in California. • Capable of consenting to and consummating marriage. (Family Code, Section 301)

39. MINOR MARRIAGES • The request for a minor marriage must be filed in Superior Court • [FC 302] • The clerk of the court will file the application and parental consent • If granted, the Court will issue an order authorizing the County Clerk to issue a marriage license to the couple • The couple will present a certified copy of the order to the County Clerk at the time the marriage license is issued* • The County Clerk is no longer responsible nor authorized to accept the minor marriage applications and parental consent forms. Simply direct the customers to Superior Court and wait for their happy return….. • NOTE: *There is no requirement that the County Clerk retain the certified copy of the court order authorizing the couple to marry. • Minors may not be issued a confidential marriage license under any circumstances (Family Code, Section 500).

40. Proof of age in a foreign language must be officially translated and certified to be a true and correct translation in the presence of a notary public. All persons to be married must purchase a license (Family Code, Section 359). 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 (Family Code, Section 352).

41. If parties’ last names are the same, an inquiry must be made to determine any relationship. All items on California marriage licenses must be completed (Health and Safety Code, Sections 102125 and 103775). Refusal or failure to provide complete information will result in a license not being issued. A marriage license is issued immediately if all of the licensing requirements have been met. The public marriage license can be used anywhere within California (not a sea) however it must be registered in the county of issuance and expires 90 days after the date of the issuance.

42. A marriage license shall not be issued if: • The parties are already married to each other or anyone else, unless they have a judgment of dissolution or annulment. • The parties’ dissolution is not yet final, even if it will be final before the wedding date. • The parties are married and plan to repeat their vows. • The parties are married outside of California. • A confidential marriage ceremony was previously performed.

43. The License and Certificate of Confidential Marriage must be used in the county where the license was issued (Family Code, Section 504). There are no state residency requirements to obtain a marriage license in California. If all of the marriage license requirements are met, a license may be issued regardless of the parties’ current residence. The License and Certificate of Declaration of Marriage must be purchased in the county of residence.

44. Proxy marriages are not legally valid in California. Family Code Section 420 adds clarifying language that the parties shall declare in the physical presence of the person solemnizing the marriage and necessary witnesses that they take each other as husband and wife. There is no age restriction for witness who signs the marriage certificate.

45. ISSUANCE OF MARRIAGE LICENSE

46. Except as provided in FC Sections 420(b), 426 or 502, the bride and groom must physically appeartogetherto apply for the marriage license [FC 359, 501] If the marriage is to be entered into pursuant to Family Code 420 (b), the attorney-in-fact must 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 by a notary or witnessed by two officers of the United States Armed Forces.

47. Identification Family Code Section 354 requires that “authentic” photo identification showing the name and date of birth be presented to the County Clerk at the time the marriage license is issued. “Authentic” identification is defined as identification that is real and not duplicate. Note: It is up to each County Clerk to determine what is considered authentic identification. Contact your local County Counsel for guidance.

48. Credible Witness Family Code Section 354 states a “credible witness” affidavit or affidavits may be used in lieu of authentic photo identification. A “Credible witness” must be at least 18 years old, of sound mind, and know the person whom they are identifying. A credible witness affidavit is accepted at the discretion of the County Clerk. Counties may want to seek guidance from their County Counsel.

49. All names of vital statistics documents must be the full, legal name (e.g., name acquired by birth, adoption, court-ordered name change, or by naturalization). If the County Clerk is not satisfied that the form of identification presented includes the full, legal name, other proof of identity, such a as a court-ordered name change document may be required. Identification presented which is in a language other than English may need to be independently verified.

50. Type the license from the application, Issue Date and Expiration date must be completed. Present the typed license to the applicants for verification of information. If any errors, retype/correct at this time. No erasures, strikeovers, whiteouts, or other types of alterations can be made on the form. The marriage certificate is a legal document which must be able to hold up in court, unchallenged as to its accuracy and reliability. Failure to follow the above instructions will result in delay in the registration of the certificate, andpossibly an additional charge for aduplicate license.