You can get a California marriage license even if you married abroad, but California will not recognize the marriage unless it was legal where it took place
California does not require you to prove you are unmarried before issuing a marriage license. The state issues licenses based on the information you provide on the process form. However, if you are already legally married — whether in another country or another state — marrying again in California without first divorcing is bigamy, which is a crime in California.
The practical difference matters: you can walk into a county clerk's office and receive a license, but using that license to marry while still legally married elsewhere creates a second marriage that California will not recognize. Any marriage performed while you are still married to someone else is void.
If your foreign marriage is legal in the country where it took place, California will treat it as a valid marriage for purposes of property, taxes, and divorce. You cannot straightforward ignore it or claim it does not count in California.
Key Takeaways
- California county clerks do not verify marital status before issuing a license, so you can obtain one even if already married abroad.
- Using a California license to marry while still legally married elsewhere creates a void marriage and exposes you to bigamy charges.
- A marriage performed legally in another country is recognized by California as valid, meaning you must divorce before remarrying in California.
- If you want to marry someone in California and are already married abroad, you must first obtain a divorce in California or in the country where you married.
- The county clerk will not ask about foreign marriages, but lying on the marriage license process (which asks if you are currently married) is perjury.
What the California marriage license process actually asks
The California marriage license form (Form DL 388) asks whether you are currently married. It does not ask whether you have been married abroad, whether you are divorced, or whether you have any prior marriages. The question is straightforward: are you married right now, yes or no.
If you are married abroad and answer "no," you are signing a false statement under penalty of perjury. The county clerk does not verify your answer against foreign records — they have no access to them — but that does not make the false answer legal.
If you are married abroad and answer "yes," the clerk will not issue the license. You will be told you must first dissolve the marriage.
How to end a foreign marriage so you can marry in California
You have two main routes: divorce in California or divorce in the country where you married.
A California divorce is possible even if you married abroad and your spouse lives outside California. You can file for divorce in California if you have lived in the state for six months and in your county for three months. You will need to serve your spouse with the divorce papers, which can be done by mail or through a process server if your spouse is outside the United States. Your spouse does not have to agree to the divorce for California to grant it.
Alternatively, you can divorce in the country where you married. This is sometimes faster if your spouse is there and willing to cooperate, or if that country has simpler divorce procedures. Once you have a divorce decree from that country, you can bring it to a California county clerk and use it as proof that you are no longer married.
If you divorce abroad, bring the original decree or a certified copy. Some countries issue decrees in languages other than English; you may need to have it translated by a certified translator before the California clerk will accept it as proof.
Whether California will recognize your foreign marriage after you divorce
If you obtained a divorce in California, that divorce is final in California and recognized everywhere. If you obtained a divorce abroad, California will recognize it as long as the divorce was granted by a court with proper authority over the marriage — typically the country where you married or where you and your spouse both lived.
California will not recognize a foreign divorce if neither you nor your spouse had a real connection to that country, or if the divorce was granted without proper notice to the other spouse. However, most divorces granted by the country where the marriage took place will be recognized.
Once your foreign marriage is dissolved by either a California or foreign divorce, you can obtain a California marriage license and marry again in California without legal obstacles.
What happens if you marry in California while still married abroad
Any marriage you enter into in California while still legally married to someone else is void from the moment it is performed. The marriage never existed in the eyes of California law, even if you lived together for years and had children.
A void marriage cannot be dissolved by divorce; it must be annulled. An annulment is a court declaration that the marriage was never valid. You would need to file for annulment in California, and the process is similar to divorce but results in a finding that the marriage was void from the start.
Beyond the annulment, you could face criminal charges for bigamy. California Penal Code Section 283 makes it illegal to marry while knowing you are already married. Prosecution is rare but possible, especially if someone reports the crime or if it becomes apparent during divorce or property proceedings.
How to verify whether your foreign marriage is recognized by California
California recognizes marriages performed legally in other countries as long as the marriage was legal where it took place. You do not need to register the marriage in California or obtain any special recognition.
If you need proof that your foreign marriage is valid for purposes of divorce, property division, or other legal matters, you can bring the original marriage certificate or a certified copy to a California court. The court will presume the marriage is valid unless someone challenges it.
If you are unsure whether your foreign marriage meets California's standards for validity, you can consult a family law attorney. They can review your marriage certificate and the laws of the country where you married to confirm whether California will treat it as a valid marriage.
Getting a California marriage license after a foreign divorce is final
Once your foreign marriage is dissolved — either by a California divorce or a divorce granted in the country where you married — you can obtain a California marriage license like anyone else. You will answer "no" to the question of whether you are currently married, because you are not.
Bring your divorce decree to the county clerk if you want to show proof of the prior marriage's dissolution, though the clerk will not require it. The license will be issued within the standard timeframe, usually the same day or within a few days depending on the county.
California has a three-day waiting period between when you receive the license and when you can use it to marry. Some counties allow you to waive this period if you have a medical emergency, but otherwise you must wait.
Frequently Asked Questions
Will the California county clerk know I am married abroad?
No. County clerks do not have access to foreign marriage records and do not verify marital status before issuing a license. However, if you answer falsely on the process form, you are committing perjury. If your spouse or someone else reports the false statement, you could face criminal charges.
Can I get a California divorce if my spouse is still in the country where we married?
Yes. California allows you to file for divorce even if your spouse lives outside the state or outside the United States. You must serve your spouse with the divorce papers, which can be done by mail or through a process server. Your spouse does not have to agree to the divorce for it to be granted.
How long does it take to get a divorce in California if I married abroad?
California requires a six-month waiting period from the date you file until the divorce can be finalized. If your spouse agrees to the terms, the process can be completed in about six to eight months. If your spouse contests the divorce, it may take longer.
What if my foreign marriage certificate is in another language?
You will need a certified English translation before California courts or the county clerk will accept it as proof of marriage or divorce. You can hire a certified translator, or some counties have lists of approved translators. The translation must be certified, meaning the translator swears it is accurate.
Can I marry in California and then get divorced from my foreign spouse later?
No. If you marry in California while still married abroad, that California marriage is void and cannot be divorced — it must be annulled. You would also need to address your foreign marriage separately, either by divorcing abroad or filing for divorce in California for that marriage. This creates legal complications that are avoided by divorcing before remarrying.