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MARRIAGE LICENSES MARRIAGE LICENSES MILITARY MARRIAGE POWER OF ATTORNEY AND INSTRUCTIONS MARRIAGE LICENSES & THE NAME EQUALITY ACT OF 2007 This office issues marriage licenses
ONLY if both parties are at least 18 years of age. If
either of the prospective parties are under 18 years of age, click licensing under 18 To obtain a marriage license, both
the prospective parties must appear together at our office location: Monterey County Clerk Monterey Peninsula Residents may
dial: (831) 647- 7850 Marriage
License hours: 8:00 A.M. to 4:30 P.M., Monday through Friday, except holidays. A blood test is not required. If either party has been granted a
divorce within 90 days of applying for a new marriage license, a certified copy of the
final divorce must be presented at the time of issuance. A divorce judgment is not final
until the date the marital status terminates. A
marriage license cannot be issued if your divorce is not final. The date of the final judgment must be prior to
the date a new license is issued. A Registered Domestic Partnership (RDP) need not be dissolved prior to the issuance of a marriage license if the parties to the RDP and the parties to the marriage license are identical. If you have obtained a Withdrawal of Domestic Partnership within 90 days of applying for a marriage license from someone other than the person you are applying for a marriage license with, a stamped filed copy of the Withdrawal of Domestic Partnership must be presented at the time of issuance. O If you wish to
speak with a Marriage Section staff member, dial (831) 755-5450. If you wish to listen to a Marriage License
information recording, dial (831) 755-5032. Please contact the County Clerk's Office for
information regarding Marriage License procedures and requirements that must
be completed prior to the issuance of the license. Monterey County Clerk MARRIAGE LICENSE HOURS ARE 8:00 am TO 4:30 PM, MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS. If either
party has been granted a divorce within 90 days of applying for a new marriage license, a
copy of the final divorce decree must be presented at the time of issue. A Registered Domestic Partnership (RDP) need not be dissolved prior to the issuance of a marriage license if the parties to the RDP and the parties to the marriage license are identical. If you have obtained a Withdrawal of Domestic Partnership within 90 days of applying for a marriage license from someone other than the person you are applying for a marriage license with, a stamped filed copy of the Withdrawal of Domestic Partnership must be presented at the time of issuance. To obtain a Confidential Marriage License, both parties must appear together at the County Clerk's Office location. MARRIAGE LICENSE HOURS ARE 8:00 am TO 4:30 PM, MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS. If either party has
been granted a divorce within 90 days, a decree must be presented at the time of issuance. A Registered Domestic Partnership (RDP) need not be dissolved prior to the issuance of a marriage license if the parties to the RDP and the parties to the marriage license are identical. If you have obtained a Withdrawal of Domestic Partnership within 90 days of applying for a marriage license from someone other than the person you are applying for a marriage license with, a stamped filed copy of the Withdrawal of Domestic Partnership must be presented at the time of issuance. -Both parties must swear in writing that they have already been living together. -The marriage ceremony
may be performed ONLY IN MONTEREY COUNTY. -The marriage record
will be maintained as Confidential and ONLY the named parties may obtain copies of the marriage certificate, EXCEPT by order
of the Court. PLEASE NOTE: The office of the County Clerk issues Regular marriage licenses or Confidential licenses when the confidentiality of the marriage date is important. Couples who choose the Confidential License should be aware that when certified copies of the Confidential Marriage License are requested, the copies can ONLY be issued to either of named parties with proper identification. For information on
a Regular Marriage License, click marriage licenses. OBTAINING CERTIFIED COPIES OF MARRIAGE RECORDS NEW LAW EFFECTIVE JANUARY 1, 2010 WHEN REQUESTING A CERTIFIED COPY A NON-CONFIDENTIAL MARRIAGE RECORD Effective January 1, 2010, the California Health and Safety Code, Section 103526, will permit only authorized individuals to receive certified copies of non-confidential marriage records. Those who are not authorized by law to receive a certified copy will receive a certified copy marked "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY." The new law describes an authorized person as:
NOTE: MARRIAGE RECORDS ARE MAINTAINED ONLY IF THE
MARRIAGE LICENSE WAS ISSUED IN MONTEREY COUNTY TO OBTAIN A CERTIFIED COPY OF A NON-CONFIDENTIAL MARRIAGE CERTIFICATE IN PERSON In order to obtain a Certified Copy of a non-confidential marriage license in person after January 1, 2010, you MUST be an authorized individual as described above. You must complete and submit the "In-Person Application for Authorized Certified Copy of a Non-Confidential Marriage Record". The sworn statement on the application must be signed in the presence of staff. The cost for a
certified copy of a marriage certificate is $14.00. Payment
may be cash, a check or money order made payable to the “Monterey County Clerk”.
For information on hours of business and location, click location. In order to obtain a Certified Copy of a non-confidential marriage license by mail after January 1, 2010 you MUST be an authorized individual as described above. You must complete and submit the "Written Application for Authorized Certified Copy of Non-Confidential Marriage Record". Your signature on the sworn statement must be acknowledged by a Notary Public. If your mailed request indicates that you want a Certified Copy but does not include a notarized statement sworn under penalty of perjury, the request will be rejected as incomplete and returned to you without being processed. NEW LAW EFFECTIVE JANUARY 1, 2010 WHEN REQUESTING A CERTIFIED COPY OF A CONFIDENTIAL MARRIAGE RECORD TO OBTAIN A CERTIFIED COPY OF A CONFIDENTIAL MARRIAGE CERTIFICATE IN PERSON In order to obtain a Certified Copy of a confidential marriage license in person after January 1, 2010, you MUST be one of the parties of the confidential marriage or a party entitled to receive the record as a result of a court order pursuant to Family Code Section 511(c) (you must provide a certified copy of the court order with your request). You must complete and submit an "In-Person Application for Authorized Certified Copy of a Confidential Marriage Record". You must present photo I.D. and the sworn statement on the application must be signed in the presence of staff. TO OBTAIN A CERTIFIED COPY OF CONFIDENTIAL MARRIAGE CERTIFICATE BY MAIL In order to obtain a Certified Copy of a confidential marriage license by mail after January 1, 2010 you MUST be one of the parties of the confidential marriage or a party entitled to receive the record as a result of a court order pursuant to Family Code Section 511(c) (you must provide a certified copy of the court order with your request). You must complete and submit the "Written Application for Authorized Certified Copy of Confidential Marriage Record". Your signature on the sworn statement must be acknowledged by a Notary Public. If your mailed request indicates that you want a Certified Copy but does not include a notarized statement sworn under penalty of perjury, the request will be rejected as incomplete and returned to you without being processed. The cost is
$14.00. Please DO NOT send cash. WE DO NOT ACCEPT OUT OF STATE CHECKS. Send your
request and information, along with a check or money order payable to: Monterey County
Recorder For Confidential
Marriages:
Power of Attorney for California Military Marriages Pursuant to FC 420 (Chap. 476, Stats of 2004) INSTRUCTIONS - 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. Copy of Civil Code 1183 & Probate Code 4122 Civil Code section 1183: The proof or acknowledgment of an instrument may be made without the United States, before any of the following: (a) A minister, commissioner, or charge d'affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made. (b) A consul, vice consul, or consular agent of the United States, resident in the country where the proof or acknowledgment is made. (c) A judge of a court of record of the country where the proof or acknowledgment is made. (d) Commissioners appointed by the Governor or Secretary of State for that purpose. (e) A notary public. If the proof or acknowledgment is made before a notary public, the signature of the notary public shall be proved or acknowledged (1) before a judge of a court of record of the country where the proof or acknowledgment is made, or (2) by any American diplomatic officer, consul general, consul, vice consul, or consular agent, or (3) by an apostille (certification) affixed to the instrument pursuant to the terms of The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. Probate Code section 4122. If the power of attorney is signed by witnesses, as provided in Section 4121, the following requirements shall be satisfied: (a) The witnesses shall be adults. (b) The attorney-in-fact may not act as a witness. (c) Each witness signing the power of attorney shall witness either the signing of the instrument by the principal or the principal's acknowledgment of the signature or the power of attorney. |
