What California requires to legally perform marriages
To legally perform a marriage ceremony in California, you must be registered with the state as an authorized marriage officiant. California recognizes three types of people who can solemnize marriages: clergy members, judges and justices, and registered ministers or priests. If you are not already a judge or member of the clergy, you will need to register through the county clerk's office in the county where you plan to perform ceremonies.
The state does not require you to have formal training, a degree, or membership in any particular organization. What matters is that you complete the registration process and follow California's rules about what you can and cannot do during a ceremony. Once registered, you can perform marriages anywhere in California, not just in your home county.
The registration process is straightforward but has specific steps and documents. You cannot legally perform a marriage without completing this registration first, even if the couple asks you to and even if you have performed ceremonies informally in the past.
Key Takeaways
- California requires you to register with your county clerk before you can legally perform any marriage ceremony.
- You must complete a Declaration of Solemnization form and file it with the county clerk in the county where you live or plan to perform ceremonies.
- The registration process costs nothing and takes about one to two weeks once you submit your paperwork.
- After you register, you are responsible for completing and filing the marriage license with the county within 10 days of the ceremony.
Step-by-step registration process with your county clerk
Start by contacting the county clerk's office in the county where you live. You can find the clerk's office phone number and website through your county's government website. Tell them you want to register as a marriage officiant. They will either give you the forms in person, mail them to you, or direct you to read them from the county website.
The main form you need is called the Declaration of Solemnization (sometimes listed as a "Designation of Solemnizing Officer" or similar name—wording varies slightly by county). This form asks for your name, address, phone number, and a statement that you intend to solemnize marriages in California. You sign it under penalty of perjury, meaning you are swearing the information is true.
Some counties also ask you to provide a brief statement about your background or beliefs, but this is not required by state law—it depends on the county. Once you have completed the form, file it with the county clerk. Many counties now accept filings by mail, email, or in person. There is no fee. The clerk will keep the form on file and issue you a certificate or letter confirming your registration.
What happens after you register
Once registered, you can perform marriages in California. When a couple asks you to perform their ceremony, they will obtain a marriage license from the county clerk (they do this, not you). Before the ceremony, they give you the license. You perform the ceremony, and then you and the couple sign the license in the spaces marked for the officiant and witnesses.
After the ceremony, you are responsible for filing the completed license with the county clerk within 10 days. This is a critical step. If you do not file it, the marriage is not legally recorded, and the couple will not have a valid marriage certificate. Most couples will remind you of this, but it is your legal duty. You can file by mail or in person, and again there is no fee.
Keep a record of every marriage you perform—the couple's names, the date, and the county where you filed. If a couple later needs a copy of their marriage certificate, they will request it from the county, not from you, but having your own record helps if questions come up.
Rules about what you can and cannot say
California law does not dictate what you must say during a ceremony or what religious or secular content you include. You can perform a religious ceremony, a secular ceremony, or anything in between. The couple decides what they want, and you deliver it.
The only legal requirement is that you must declare that you are solemnizing the marriage—meaning you must say something that makes clear you are performing an official act, not just giving a speech. A straightforward statement like "By the power vested in me by the state of California, I now pronounce you married" works. You can add whatever else you want before or after that declaration.
You cannot charge a fee for the solemnization itself in some interpretations of California law, though this rule is rarely enforced and many officiants do accept donations or fees. Check with your county clerk if you plan to charge, as practice varies.
Differences between religious and secular registration
California does not distinguish between religious and secular officiants during registration. You fill out the same form either way. If you are an ordained minister, priest, rabbi, or imam, you may already be authorized to perform marriages through your religious organization, and you may not need to file a separate Declaration of Solemnization—but it does not hurt to register with the county as well.
If you are not affiliated with a religious organization, you still register the same way. Some people become ordained through online ordination services (which California recognizes as valid for this purpose), and then they register with the county. Others register without any ordination at all. The county does not investigate your background or credentials; they straightforward record that you have declared your intent to solemnize marriages.
The practical difference is that some couples prefer a religious officiant and some prefer a secular one. Your registration does not specify which you are, so you can market yourself however you choose once you are registered.
Timeline and what to expect
The entire process typically takes one to two weeks from the time you submit your Declaration of Solemnization to the time you receive confirmation from the county clerk. Some counties process it faster; others may take longer if they are understaffed. Once you are registered, there is no expiration date—you remain authorized to perform marriages in California indefinitely, unless you move out of state or the county clerk has reason to revoke your registration (which is rare).
After you register, you can begin performing ceremonies when ready. There is no waiting period, no test, and no continuing education requirement. You are ready to go as soon as the county confirms your registration.
When to contact a lawyer
For most people, the registration process is straightforward enough to handle alone. However, if you have questions about whether you are allowed to perform marriages (for example, if you have a criminal record or immigration status concerns), or if you want to understand the legal liability involved in performing ceremonies, consider speaking with a California family law attorney. They can review your specific situation and advise you on any risks.
You do not need a lawyer to register, and the county clerk can answer basic questions about the form. But if your situation is unusual or you want to understand your legal responsibilities in detail, an attorney is the right resource.
Frequently Asked Questions
Do I need to be ordained to become a marriage officiant in California?
No. You can register as an officiant without any ordination or religious affiliation. You straightforward complete the Declaration of Solemnization form and file it with the county clerk. Some people choose to become ordained through online services first, but it is not required by California law.
Can I perform marriages in a county other than where I registered?
Yes. Once you register with any county clerk in California, you can perform marriages anywhere in the state. You do not need to register in multiple counties. However, you must file the completed marriage license with the county clerk in the county where the ceremony took place within 10 days.
What if I move to a different state after registering?
Your California registration becomes invalid once you move out of state. If you move back to California later, you can register again. Other states have their own rules for marriage officiants, and California registration does not carry over.
Can I perform a marriage ceremony before I register?
No. Any marriage you perform before registering is not legally valid in California, even if the couple signs the license. You must be registered first. If you perform a ceremony before registering and then register afterward, that earlier marriage is still not valid.
Is there a fee to register as a marriage officiant?
No. Registration with the county clerk is free. There is also no fee to file the completed marriage license after the ceremony. Some counties may charge a small fee for certified copies of documents, but the registration and filing process itself costs nothing.