California Has Two Marriage Licenses...Why?         (no blood test, or waiting period required for either)

1. Standard Marriage License; needs to be purchased from County Clerk and can be used in any county in the State of California.  This is the traditional State license that all States issue for getting married. 

2. The State's second contract/license, The California Confidential Marriage Contract, purchased in courthouses, California chapels and through some minister/officiants.  This may be confusing to couples, so we will attempt to clear up any uncertainty that may arise concerning this contract/license.  Many couples are asking, "Why does California view marriage in two very different ways, enough to motivate them to create two separate licenses and if one is "confidential" and the other not, then what is the difference?  And, if there are two different kinds of marriage then, which one is right for me?"  We will try to explain the difference from what information we have acquired and other information that we have been told (by a vacationing California clerk) along with some possible folklore, or truth, on how this second contract/license came about.

First of all, this contract/license has some limitations like; it must be purchased and used (ceremony must take place) in the same California County and; future access to it, because it is a "confidential" contract of marriage, may be more difficult than the traditional California Marriage License. 

It was created for couples that have been living together "as husband and wife" (whatever that implies.. the definition is not spelled out) and the couple is signing an affidavit on the license attesting to those facts.  Some have referred to it as an "Elected Common-Law Contract of Marriage", but that is not how the State refers to it.  You will see this contract/license used in California chapels and some California minister/officiants because they don't have to be a State Clerk to sell this contract/license.  Because the end result is that couples using this confidential marriage contract are definitely married, many couples don't mind the difference in using this contract/license over the standard California Marriage License. 

Folklore or truth, we offer the following story for your entertainment:

Here is a story of how the State brought this contract/license into existence.  We have no proof of its authenticity, but it makes for a good story.  During the Gold Rush California saw a tremendous growth in residency, many of which were homesteaders and prospectors that lived very remote lives, deep in the Sierra mountains, or scattered all over the State's diverse landscape.  Many of these homesteaders and prospectors would not see a minister/priest or rabbi for months, or years at a time.  Some of these couples would live together for awhile before finding the time to travel long distances to find a church, synagogue or courthouse's justice of the peace, to legalize their marriage.  By this time, some religious establishments would not be kind to them because of their prior living together out of wedlock, which was forbidden under church rules.  The State, wishing to encourage family life and residential growth, saw a real problem and put together a confidential contract/license that would acknowledge these couples' marital union with a "confidential marriage contract".  In this contract/marriage, which was just as legal, the couple would state that, by their previous actions and by this admission they were already husband and wife, therefore they were asking the State to simply acknowledge this fact.  This contract/marriage, just as the standard marriage, could be administered by a minister/priest/rabbi (if they could find one, in olden times, that would not judge them as sinful and unworthy of having a church/synagogue ceremony) or, more likely, they would find a justice of the peace to sign the marriage contract and maybe perform a simply ceremony with vows, ring exchange, etc.

Because of the circumstances, (in the old days, any couple living together, out of the wedlock, were considered by many churches and synagogues as living in sin) the State determined that these couples may not want others to know of their non-mainstream, lifestyle choices, so the State decided not to file The California Confidential Marriage Contract in an open, easy public access forum as they do with the other standard marriage licenses  (therefore, a California Confidential Marriage Contract could be more difficult, years from now to request another copy, if you were to lose your original... see information about applying for a future copy). 

In all of our Internet searching we never found a single source that offered couples more than, "both licenses are the pretty much the same, except one is filed with easy public access and the other you would have had to live together (no time mentioned... could be a minute or year/s) and is filed "confidentially", with only the couple, with identification proof, being able to access it, in the future." 

Thanks to a visiting California Clerk, who informed us that he had been around for ages, told us this story and said that many of the younger California Clerks didn't even know of the over one century old history of The California Confidential Marriage Contract and those few that did, didn't want to take the time to explain its long history to each couple.  He also added that California had all but forgot about this contract/license until someone found the old, but still active law on the books and had California print them up... again, so it was not surprising that the two license/contracts could be a bit confusing.  

At the time we were told the, "so called", history of The California Confidential Marriage Contract, we didn't think to write down this California Clerk's name, nor did we ask to see his clerk credentials (if California has such ID), so without the ability to verify this information, we only offer the above as an entertaining story of the old west and possible history of the contract/license.   

Evidenced by offering two licenses, California still sees marriage in two different ways... also, these licenses are handled a bit differently.  So, couples need to decide which license, or contract of marriage is best for their situation.  But, whether it is the traditional, State Marriage License, or The California Confidential Marriage Contract, either marriage is just as legal and governed the same (you are married).

No blood test required for either license/contract - No waiting period - Must be 18 years of age or older. Must present valid Official Photo Identification (drivers license, state ID, military ID, passport or other official identification) - License is good for 90 days from purchase.  Some counties may require a copy of the final judgment if your previous marriage ended by dissolution or nullity.  No divorce papers necessary if divorce has been final for over 6 months.

Regular license may be purchased in any county in California and marriage may occur in any county in California. Costs differ in each county.

Confidential license must be purchased in the county where the marriage occurs. Costs differ in each county. Can be issued by many chapels.