Eligibility for a Marriage License
The couple must be two unmarried parties, both 18 years of age or older. At this time, one party must be a man and the other party must be a woman. Click here for the latest update on same-sex marriages. A blood test is NOT required. If any applicant is under 18 years of age, you must go through the Family Court and comply with the requirements set by them. For more information, call (408) 534-5600.
How and When to Obtain Your License
Both parties must appear together at the Clerk-Recorder's Office during Marriage License business hours. You need to obtain your marriage license before the wedding ceremony, but no earlier than 90 days before the ceremony as the license expires at that time. We operate on a first-come, first-served basis (no appointments are scheduled). Early morning hours tend to be the least busy. You can expedite the process by bringing the required items.
What to Bring
Identification: State Law requires you must provide valid government-issued ID, e.g., driver's license, Alien Registration card or passport. If you do not have such an ID, a certified copy of your birth certificate and another form of ID may be acceptable if two persons known to you appear as credible witnesses to vouch for your identity. For this service, there is a credible witness fee of $10.00 for each person ($20.00 total).
Divorce Decree: 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. If the divorce occurred more than 90 days before, the exact date the divorce was final must be provided.
Completed Application: Although it is not necessary to complete the marriage application ahead of time, by doing so you will ensure you have all the required information. It will also save you time at the Clerk-Recorder’s Office. You may download the application here, and complete the form within Adobe Acrobat if your version supports that feature.
Payment: Fees are payable by cash, check or debit card ($2.50 convenience fee applies). The cost is $79.00 for a public marriage license, and $83.00 for a confidential license.
Types of Licenses
There are two types of marriage licenses: public and confidential. A public marriage license is a public record. Once issued, a public marriage license is effective immediately and valid for 90 days anywhere within the state of California.
A confidential marriage license is NOT a public record. To qualify for a confidential marriage license, the parties must already be living together. Note that with a confidential marriage license the marriage ceremony may be performed ONLY in Santa Clara County. As the record is confidential, only the parties may obtain copies of the marriage certificate, except by court order.
Marriage Ceremony Options
You are NOT MARRIED until a marriage ceremony is performed. Once you have your marriage license, the ceremony can be performed at the church of your choice, a wedding chapel, or you may schedule a civil ceremony to be performed by the Clerk-Recorder's Office for an additional fee of $80.00. If you do not have a ceremony within 90 days of obtaining your license, and choose to be married later, you will have to return to obtain another license and pay the required fee again. After the ceremony, the marriage license must be recorded at the Clerk-Recorder’s Office.