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HomeFamily CodeDiv. 3Pt. 3Ch. 2§ 426 Remote Marriage License Issuance

§ 426 Remote Marriage License Issuance

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 426 Remote Marriage License Issuance

This law says you can still get a marriage license even if one or both people can't go to the county clerk's office in person, but only for really good reasons like being in the hospital or jail.

Key Takeaways

  • •You can get a marriage license without going to the clerk's office if you have a really good reason, like being in the hospital or jail.
  • •The person doing the wedding has to bring a signed paper explaining why you can't come in person.
  • •The paper must be signed by both people getting married and the person doing the wedding, and it has to be notarized if someone can't sign in front of the clerk.

Example

A couple wants to get married, but one person is in the hospital and can't leave.

The person performing the wedding can bring a signed paper explaining why they can't come in person, and if the county clerk agrees, they can still get the marriage license.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 426 Remote Marriage License Issuance

If for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person before the county clerk, a marriage license may be issued by the county clerk to the person solemnizing the marriage if the following requirements are met: (a) The person solemnizing the marriage physically presents an affidavit to the county clerk explaining the reason for the inability to appear. (b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by both parties. (c) The signature of any party to be married who is unable to appear in person before the county clerk is authenticated by a notary public or a court prior to the county clerk issuing the marriage license. (d) Sufficient reason includes proof of hospitalization, incarceration, or any other reason proved to the satisfaction of the county clerk. (Added by Stats. 2006, Ch. 816, Sec. 21. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)

Last verified: January 9, 2026

Key Terms

marriage licensesufficient reasonaffidavitsolemnizing the marriagehospitalizationincarceration

Related Statutes

  • § 423 Marriage License Return Requirements
  • § 502 Confidential Marriage License Exceptions
  • § 421 Marriage License Verification Requirements
  • § 422 Marriage License Completion Requirements
  • § 355 Marriage License Form Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 426.
View Official Source