Planning to tie the knot in sunny San Diego? While the beaches and breathtaking views make for a perfect wedding backdrop, it’s essential to understand the legal steps to get married in California. At Aloha Divorce, we often assist clients not only with prenuptial agreements but also with understanding the legalities of marriage. Here’s everything you need to know to legally marry in San Diego.
Step 1: Apply for a Marriage License
In California, obtaining a marriage license is the first legal step to getting married. Here’s how to do it:
- Where to Apply: Visit any San Diego County Clerk’s Office. Popular locations include downtown San Diego, San Marcos, and Chula Vista.
- Appointment Required: Most offices require an appointment, which can be scheduled online through the San Diego County Clerk’s website.
- Documents Needed:
- Government-issued photo IDs for both parties (e.g., driver’s license, passport).
- If previously married, proof of divorce or annulment (e.g., divorce decree).
- Fee: The marriage license fee is approximately $70-$90, depending on the type of license you choose.
Step 2: Choose the Right Type of Marriage License
California offers two types of marriage licenses:
- Public Marriage License:
- Can be used anywhere in California.
- Requires at least one witness during the ceremony.
- Becomes a public record.
- Confidential Marriage License:
- Available only to couples living together.
- Does not require a witness.
- Remains private and is not part of public records.
Step 3: Find an Authorized Officiant
California allows a variety of individuals to officiate weddings, including:
- Clergy members or religious leaders.
- Judges, court commissioners, or retired justices.
- Authorized individuals, including friends or family, who have been deputized for a day by the County Clerk’s Office.
Pro Tip: If you’re planning a beach or outdoor wedding, confirm whether your officiant needs a permit for the chosen location.
Step 4: Perform the Marriage Ceremony
Your wedding ceremony can be as simple or elaborate as you wish. Legally, the ceremony must include:
- The couple declaring their intent to marry.
- The officiant pronouncing the couple legally married.
Make sure the officiant properly completes the marriage license.
Step 5: Submit Your Marriage License
After the ceremony, the completed and signed marriage license must be returned to the San Diego County Clerk’s Office within 10 days. You can request certified copies of your marriage certificate for an additional fee (usually $15-$17 per copy).
Why Consider a Prenuptial Agreement?
Marriage is a legal contract, and for many couples, a prenuptial agreement provides clarity and peace of mind regarding property, debts, and financial expectations. Here’s why a prenup might be right for you:
- Protect assets acquired before marriage.
- Define property division in case of divorce.
- Clarify financial responsibilities during the marriage.
At Aloha Divorce, we specialize in drafting prenuptial agreements tailored to your unique needs. Contact us to schedule a consultation and learn how we can help you safeguard your future.
Key Takeaways
Getting married in San Diego is a straightforward process if you follow the legal requirements: secure a marriage license, choose an officiant, and ensure the license is properly completed and filed. For couples looking to take additional legal precautions, a prenuptial agreement can be a vital part of your wedding planning.
Ready to Protect Your Marriage with a Prenup?
At Aloha Divorce, we’re here to help you navigate the legal aspects of marriage with ease. Whether you’re planning your wedding or preparing for your future together, our experienced attorneys can assist with personalized prenuptial agreements. Contact us today to schedule a free 30-minute consultation.
