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Is there a possibility for obtaining a duplicate copy of marriage certificate?

Is there a possibility for obtaining a duplicate copy of marriage certificate?

Q: Do you have to disclose previous marriages?

Yes, when applying for a marriage license, you typically need to disclose any previous marriages. This information is important for the county clerk to verify your eligibility to marry. Failing to disclose prior marriages may lead to legal complications or issues with your marriage license.

Q: What does a confidential marriage license mean?

A confidential marriage license allows couples to marry without their marriage being a matter of public record. This means that the details of the marriage are kept private and are only accessible to the couple and authorized individuals. In California, this type of license is often preferred by couples seeking privacy.

Full question:

My husband and I are married for two years. We had obtained our confidential marriage license after our marriage. Recently, we found that we have misplaced our marriage certificate. Is there a possibility for obtaining a duplicate copy of the same?

Category: Marriage
Subcategory: Marriage Certificate
Date: 04/07/2025
State: California

Answer:

In California, if a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county clerk, or deemed unacceptable for registration by the county clerk, the person solemnizing the marriage will obtain a duplicate marriage certificate by filing an affidavit with the county clerk of the country from which the license was obtained. A fee will be charged for the issuance of the duplicate license. However, the duplicate copy of the license may not be issued after a year of issuance of original license. If the license is lost, damaged or destroyed before the ceremony takes place, new licence could be purchased by the parties and the old license will be considered as void.

Per California Family Code §510:

“(a) If a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county clerk, or deemed unacceptable for registration by the county clerk, the person solemnizing the marriage, in order to comply with Section 506, shall obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued.
(b) The duplicate license may not be issued later than one year after issuance of the original license and shall be returned by the person solemnizing the marriage to the county clerk within one year of the issuance date shown on the original marriage license.
(c) The county clerk may charge a fee to cover the actual costs of issuing a duplicate marriage license.
(d) If a marriage license is lost, damaged, or destroyed before a marriage ceremony takes place, the applicants shall purchase a new marriage license and the old license shall be voided.”

Per California Family Code §506:

“(a) The confidential marriage license shall be presented to the person solemnizing the marriage.
(b) Upon performance of the ceremony, the solemnization section on the confidential marriage license shall be completed by the person solemnizing the marriage.
(c) The confidential marriage license shall be returned by the person solemnizing the marriage to the office of the county clerk in the county in which the license was issued within 10 days after the ceremony.”

In the instant case, since one year has elapsed from the issuance of the original license it may not be possible to get a duplicate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What if I lost my marriage certificate?

If you lose your marriage certificate, you can request a duplicate from the county clerk's office where your marriage took place. In California, if your marriage license was confidential and lost after the ceremony but before being returned, the person who solemnized the marriage can file an affidavit to obtain a duplicate. However, if more than a year has passed since the original license was issued, obtaining a duplicate may not be possible.

Do you have to disclose previous marriages?

What does a confidential marriage license mean?

What is the difference between a public and confidential marriage license?

The main difference is that a public marriage license is recorded and available to the public, while a confidential marriage license is not. Public licenses can be accessed by anyone, while confidential licenses are kept private and can only be accessed by the couple and certain authorized parties. This distinction can affect how personal information is handled.

How do I get a copy of my confidential marriage license in California?

To obtain a copy of your confidential marriage license in California, you must contact the county clerk's office where the license was issued. If the license was lost after the marriage ceremony, the person who solemnized the marriage can file an affidavit to request a duplicate. Be prepared to pay any applicable fees for this service.

What are the benefits of a confidential marriage?

The benefits of a confidential marriage include privacy, as the details of the marriage are not publicly recorded. This can be particularly appealing for couples who wish to keep their marital status private. Additionally, a confidential marriage may simplify certain legal processes, as access to the marriage record is restricted.