Marriage licenses are issued to applicants on the same day they arrive in the office after completing an application. No appointments are necessary. A marriage license is valid for 90 days from the date of issuance. Processing time is approximately 20 to 40 minutes. Afternoons and Fridays are the busiest times and the processing time may be longer. There are two types of marriage licenses commonly issued in California. The public marriage license and confidential marriage license. In addition to the general requirements, there are additional requirements for each of the licenses listed below.

Requirements for a Marriage License:

There are no citizenship or residency requirements; nor are blood tests required. Applicants must be over 18 years of age. Couples can complete the appropriate application for a marriage license on our website or in our office. 

To complete the application for a Marriage License a couple must:

• Complete the application online or in the office for either a Public Marriage License or a Confidential Marriage License.

• Parties must appear together in person.

• Each person must present one form of a valid non-expired photo identification (driver’s license, passport).

• If divorced within the last 90 days, provide proof of divorce decree or dissolution/termination of SRDP. If a spouse is recently deceased, please provide a copy of the death certificate.

• Pay the Marriage License fee, ($75.00) public, ($85.00) confidential.

Public Marriage License requirements:

• You must be at least 18 years old. Persons under 18 with written consent from at least one parent (or legal guardian) AND permission from a California Superior Court Judge may marry. Emancipated minors are NOT exempt from this process. Contact the Clerk Department for further information regarding these requirements.
• The marriage license may be obtained from any county in California. You are not required to get married in the county where you purchase the public marriage license; however, you must be married in California. You must file the license in the county where it was purchased.
•  You must have at least one witness present at your ceremony. The license contains a place for two witnesses if you prefer. You may NOT have more than two witnesses sign the official marriage license. Licenses received with more than two witnesses’ signatures will be returned to the officiant and a duplicate marriage license will need to be purchased.
• There is no age requirement in California for witnesses; however, they must be old enough to know that they are witnessing a marriage ceremony AND be able to sign their name on the official marriage license.
• Only one officiant may sign the marriage license as the person who solemnized the marriage.
• The marriage license is registered at the County Clerk’s Office in the county where the license was purchased, and is a public record. Anyone may request copies of the marriage certificate by submitting the required fee to the Clerk Department.

Confidential Marriage License requirements:

• The two parties to the marriage must be at least 18 years old to apply for a confidential marriage license. Minors may NOT purchase a confidential marriage license.
• The couple must be living together as spouses at the time they apply for the marriage license, and must sign an affidavit on the license attesting to that fact.
• The marriage license may be obtained from any county in California. You are not required to get married in the county where you purchase the confidential marriage license; however, you must be married in California. You must file the license in the county where it was purchased.
• No witnesses are required to be at the ceremony, AND no witnesses sign on the marriage license.
• The marriage license is a confidential record and is registered at the County Clerk’s Office in the county where it was purchased.
• Only the couple may purchase copies of the marriage certificate and must present valid picture identification together with the required fee to the Clerk Department.
• Persons other than the parties to the marriage requesting copies of a confidential marriage certificate may only do so by presenting a court order to the County Clerk in the county where the license is registered.
• Copies of confidential marriages are not available from the state office.

You must present your marriage license to an authorized individual to perform your marriage. Persons authorized to solemnize:

• Any judge or retired judge.

• Commissioner of civil marriages or retired commissioner of civil marriages.

• Justice court judge in this state.

• Judge or magistrate of the U.S.

• Judge or magistrate who has resigned from office.

• Priest, minister, pastor or rabbi of any religious denomination of the age of 18 or over.

• Deputy Commissioner of civil marriages – any person over 18 may perform one marriage on one specific date, to one specific couple. You may apply to become a Deputy Commissioner online or in our office.

The San Benito County Clerk staff perform marriages in our office by appointment only. You can schedule an appointment online.