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2012: Do You Want a Confidential Marriage License Rather Than a Public Marriage License in San Diego?

When parties marry, they may want their marriage license to be confidential. In these days of over whelming public access to what many consider confidential information, having the marriage confidential. There is a provision in San Diego for confidential marriages. The San Diego County Clerk may issue a confidential marriage license and also maintains confidential marriage records. The San Diego County Clerk’s Office can verify and/or reveal the existence of the marriage to any member of the public but the date of the marriage and any other information contained in the certificate cannot be disclosed without court order.

The procedure is to obtain an application for a confidential marriage license from the San Diego County Clerk either in person or on line. The requirements are that, when the application is signed, that the parties are currently living together as husband and wife, that both are over 18 years of age, that both are currently unmarried and that there is no legal objection to the marriage. The parties must be married in San Diego County. No witnesses are required. No witnesses are authorized to sign as witnesses for the marriage. The marriage must be solemnized by a person who is authorized under California law to perform marriage ceremonies. The marriage license, itself, is valid for no more than 90 days from the date of issuance so you must be married on or before the 90 day expiration date of the license.

On the marriage license application, one or both parties have the right to elect to change their middle of last name so that they will be known by their new name legally after the marriage. No first name changes are permitted. The parties can choose from the following options for the name change: a hyphenated combination of last names; a name combining into a single last name of all or a segment of the current last name or the last name of either party at their date of birth; the last name of either of the spouses given at their birth or the current last name of either spouse. Of course, you do not have to change your name.

When both parties appear for the marriage and the payment of the required fees is completed, then the County Clerk will issue the confidential marriage license if all of the other requirements are met. If a party cannot appear, then there are provisions to allow for the marriage to take place without the personal presence which requires an affidavit as well as other requirements.

If you need the assistance of an attorney in San Diego for any family law issues, please feel free to contact us for a complimentary consultation.

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