2015: What is a Confidential Marriage in San Diego and Does it Have any Significance in the Event of Legal Separation or Divorce?
San Diego Superior Court Judges follow the California Family Law Codes. Below are some of the Family Law Codes [used in a divorce or legal separation as well as for other family law issues] which apply to confidential marriages. Not all sections which are relevant are listed.
Family Law Code Section 500:A confidential marriage may be entered into when an unmarried woman and unmarried man [not minors] have been living together as wife and husband. There is no requirement for health certificates for a confidential marriage.
Family Law Code Section 501: The San Diego County Clerk will issue a confidential marriage license when both parties personally appear together and pay the fees required by law as long as all other requirements for a confidential marriage as met.
Family Law Code Section 504: The duration for the validity of a confidential marriage license is ninety days after the issuance by the San Diego County Clerk and may only be used in San Diego County.
Family Law Code Section 505: The form of the confidential marriage license is prescribed by the California State Registrar of Vital Statistics. The form must include that the parties who are to be married affirm or declare that they meet all requirements for a confidential marriage license.
Family Law Code Section 508: When a confidential marriage license is issued, the parties are provided with an application to obtain a certified copy from the San Diego County Clerk of the confidential marriage certificate.
Family Law Code Section 510: It is possible to obtain a replacement of the confidential marriage license however there are strict requirements.WHY WOULD YOU WANT A CONFIDENTIAL MARRIAGE LICENSE?
Given this information age, and the ease of availability to obtain information which may be used for purposes other than ascertaining the validity of a marriage, some spouses prefer a confidential marriage for privacy purposes. This is to try and protect personal privacy and minimize the risk of identity theft.WHAT SIGNIFICANCE DOES A CONFIDENTIAL MARRIAGE HAVE IF THE PARTIES LATER DIVORCE OR LEGALLY SEPARATE?
There is no legal significance of consequence if a confidential marriage license or non confidential marriage license in either a divorce or legal separation.CAN ANYONE GET INFORMATION FROM THE CLERK FOR A CONFIDENTIAL MARRIAGE?
No, unless a showing of good cause is presented to the Court and an Order granted.
Family Law Code Section 511: A confidential marriage license is considered to be a confidential record and may not be open to any inspection by the public without a court order which requires the above showing of good cause.HOW CAN A LOCAL LAW FIRM HELP WITH YOUR FAMILY LAW CASE?
If you have a pending family law case in San Diego, feel free to contact the law office of Doppelt and Forney, APLC for a virtual consultation up to 30 minutes at no charge as well as the consultation being confidential.