You’re thinking about getting hitched in the Golden State. Maybe it’s a spontaneous trip to a chapel in Lake Tahoe or a planned-out ceremony under the redwoods. But then you start wondering about the fine print. Specifically, the legal age to marry in California. It’s one of those things everyone thinks they know until they actually look at the California Family Code.
Honestly? It's not as straightforward as a simple "you must be 18."
California is actually one of the few states in the U.S. that doesn't have a hard "floor" or minimum age for marriage, provided certain hoops are jumped through. Most states have shifted toward a strict 18-and-older rule recently—think Pennsylvania or New York—but California still hangs onto a system that involves judges and court orders. It's a bit of a legal labyrinth.
The Standard Rule: Turning 18
For the vast majority of people, the legal age to marry in California is 18. Once you hit that birthday, you're a legal adult. You don't need your mom’s permission. You don't need a judge to sign off on your love life. You just walk into the County Clerk’s office, pay the fee (usually between $50 and $100 depending on the county), and show your ID.
Simple.
But things get weird when you're 17 or younger.
Under California Family Code Sections 302 and 303, minors can technically get married, but the state makes it incredibly difficult. They don't want kids rushing into contracts they can't get out of. And let's be real—marriage is, at its core, a massive legal contract.
When You’re Under 18: The Gauntlet
If you are a minor, you can’t just "parental consent" your way into a marriage license anymore. Since 2019, the laws have tightened up significantly. It's a three-step process that feels more like applying for a high-security clearance than planning a wedding.
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First, you need at least one parent or guardian to sign off. If one parent has sole legal custody, their signature is usually enough. If they share custody, it gets messier.
Second—and this is the part that stops most people—you have to get a court order. You have to go before a Superior Court judge. The judge isn't just checking boxes. They are legally required to interview the parties involved to make sure nobody is being coerced. They look for signs of human trafficking or domestic abuse. They want to know why you can't just wait until you're 18.
Third, there's a mandatory 30-day waiting period. You can't just see the judge on Monday and marry on Tuesday. The law forces a "cooling off" period.
The Role of Family Court Services
In many California counties, like Los Angeles or Santa Clara, the judge will actually refer the minor to Family Court Services for an evaluation. An expert—often a social worker or counselor—will sit down with the couple. They ask the hard questions.
- How are you going to pay rent?
- Did you finish high school?
- Is there a pregnancy involved?
Interestingly, being pregnant doesn't automatically mean a judge will grant the request. In the old days, "shotgun weddings" were the norm to "protect the family honor," but modern California law views it differently. A baby adds stress. Stress breaks marriages. Judges know this. They might actually see a pregnancy as a reason not to allow the marriage, fearing the minor is making a desperate choice.
Why the Legal Age to Marry in California is Still Debated
There is a huge movement in the California State Legislature to ban underage marriage entirely. Groups like Unchained At Last have been lobbying hard to set the floor at 18 with no exceptions. They argue that child marriage is often a "legal version" of child abuse or forced marriage.
On the flip side, some argue for "judicial discretion." They believe that in very specific, rare cases, a 17-year-old might be emancipated, working a full-time job, and fully capable of making that choice.
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As of right now, the legal age to marry in California remains flexible but restricted.
What Documents Do You Actually Need?
If you're 18, the list is short. You need a valid, government-issued photo ID. A passport works. A driver's license is fine. A green card or military ID is also cool. You don't need to be a California resident. You don't even need to be a U.S. citizen. You just need to be there in person at the clerk’s office.
If you’re under 18 and you’ve actually cleared the hurdles with the judge, you need:
- The certified copy of the Court Order granting permission.
- Your birth certificate.
- Your parent or guardian (usually) to show up in person.
Common Myths vs. Reality
People get confused by what they see on TV. You see a couple run off to Vegas and think it's the same in California. It's not.
Myth: You can get married by "Common Law" if you live together long enough in California.
Reality: Nope. California does not recognize common-law marriage established within its borders. It doesn't matter if you've lived together for 50 years. You are either legally married with a license, or you're single in the eyes of the state. (The only exception is if you established a valid common-law marriage in another state that does allow it, like Colorado or Texas, and then moved here).
Myth: You need a blood test.
Reality: This isn't 1975. California abolished the requirement for premarital blood tests and health exams decades ago.
Myth: "Proxy marriages" are a thing here.
Reality: Only if you are a member of the U.S. Armed Forces stationed overseas in a conflict. For everyone else, both people must be physically present in front of the person solemnizing the marriage. You can't Skype into your own wedding.
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The "Confidential" Marriage Option
California has this unique thing called a Confidential Marriage License. It started way back in the 1870s, originally intended for couples who had been living together as husband and wife but never bothered with the paperwork. They wanted to spare them the embarrassment of admitting they were "living in sin."
Today, it’s used by celebrities or anyone who wants privacy.
To get one, you must be living together at the time you apply. You both must be at least 18 years old. Minors cannot get a confidential license. The big perk? The record is not open to the public. Only the two of you can get a copy of the certificate unless a judge orders otherwise.
Actionable Steps for Getting Married
If you're ready to do this, don't just show up at the courthouse. Most counties require an appointment.
- Check the County Website: Every county (San Francisco, San Diego, Orange County) has its own fee schedule and appointment portal.
- Apply Online First: Many counties have you fill out the application online before you arrive to speed things up.
- Gather Your IDs: Make sure they aren't expired.
- Find an Officiant: You have 90 days from the moment you get the license to actually have the ceremony. You can hire a minister, a judge, or even have a friend get a one-day "deputized" status from the county.
- Bring a Witness: For a "public" marriage license, you need at least one witness. For a "confidential" one, you don't need any.
Marriage laws feel like red tape, but they exist to ensure that when you say "I do," the state actually hears you. If you're under 18, prepare for a long road through the court system. If you're 18 or older, just bring your ID and your partner, and you're pretty much good to go.
Next Steps for Couples:
- Verify your specific county’s fees: Los Angeles County currently charges $91 for a public license, while smaller counties might charge less.
- Book your appointment early: Post-holiday and summer months see a massive spike in applications; wait times for a "civil ceremony" at the clerk's office can be weeks.
- Consult a family law attorney: If you are dealing with a minor marriage or a complex prenuptial agreement, getting professional advice is non-negotiable to ensure the contract holds up in the future.