What is Required to Make a Marriage Legal in California?

Full question:

In 2007 we applied a Marriage License in S.F. Ca. Then we performed marriage in front of a Salvation Amy Captain with a witness. Later on we had a ceremony with family and friends. But some reason we never living together and never have sex, also the Marriage licenses never been return to the county clerk for record. Now the question is this a legal marriage/are we still single or married/are we free to marry to another person?

• Category: Marriage
• Date: 04/07/2025
• State: California

Answer:

If the application was never returned so that no license was ever issued, then the marriage would not be valid. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization.

Please see:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=300-310

Please see the following CA statutes:

400. Marriage may be solemnized by any of the following who is of
the age of 18 years or older:
(a) A priest, minister, rabbi, or authorized person of any
religious denomination.
(b) A judge or retired judge, commissioner of civil marriages or
retired commissioner of civil marriages, commissioner or retired
commissioner, or assistant commissioner of a court of record in this
state.
(c) A judge or magistrate who has resigned from office.
(d) Any of the following judges or magistrates of the United
States:
(1) A justice or retired justice of the United States Supreme
Court.
(2) A judge or retired judge of a court of appeals, a district
court, or a court created by an act of Congress the judges of which
are entitled to hold office during good behavior.
(3) A judge or retired judge of a bankruptcy court or a tax court.
(4) A United States magistrate or retired magistrate.
(e) A legislator or constitutional officer of this state or a
Member of Congress who represents a district within this state, while
that person holds office.