Second Annual Second Annual Vitals/County Clerk Staff WorkshopVitals/County Clerk Staff Workshop

20082008

DISCLAIMER / WARNING

This is a training workshop, but local practices do vary from county tocounty according to local policy and practice as well as local countycounsel opinions.

No practice or procedure you become aware of as a result of thisworkshop should be implemented in your own office without the fullAWARENESS and APPROVAL of the County Clerk or Recorder for whom you work.

Marriage Registration Marriage Registration SystemSystem

Consists of:Consists of: County ClerkCounty Clerk Marriage OfficiantMarriage Officiant County RecorderCounty Recorder Office of Vital RecordsOffice of Vital Records National Center for Health StatisticsNational Center for Health Statistics

County ClerkCounty ClerkIssuance of Marriage Issuance of Marriage

LicensesLicenses

The County Clerk is responsible for the The County Clerk is responsible for the issuance of public and confidential issuance of public and confidential marriage licenses. The County Clerk is the marriage licenses. The County Clerk is the local registrar of confidential marriages local registrar of confidential marriages (Family Code Section 511). A permanent (Family Code Section 511). A permanent index of all confidential marriages index of all confidential marriages registered is maintained by the County registered is maintained by the County Clerk.Clerk.

Marriage Marriage License FormsLicense Forms

The The “License and Certificate of “License and Certificate of Marriage” (VS117)Marriage” (VS117) is the standard is the standard public marriage certificate (Family public marriage certificate (Family Code, Section 359).Code, Section 359).

The The “License and Certificate of“License and Certificate of

Confidential Marriage” (VS123)Confidential Marriage” (VS123) is is usedused

by those persons who have been living by those persons who have been living

together as husband and wife (Family together as husband and wife (Family Code, Code,

Section 500).Section 500).

The The “License and Certificate of “License and Certificate of Marriage for Denominations not Marriage for Denominations not having Clergy (VS115) having Clergy (VS115) is used by is used by persons who are members of a religious persons who are members of a religious society or denomination not having clergy society or denomination not having clergy (Family Code Section 307). (Family Code Section 307).

The “License and Certificate of The “License and Certificate of Declaration of MarriageDeclaration of Marriage”” ( (VS 116) is used VS 116) is used by those persons who wishby those persons who wish to declare an to declare an already existing licensed California already existing licensed California marriage where no record of that marriage where no record of that marriage exists, and it has been one year marriage exists, and it has been one year or more since the date of that marriage. or more since the date of that marriage. (Family Code, Section 425).(Family Code, Section 425).

The The “Court Order Delayed Certificate of “Court Order Delayed Certificate of Marriage” (VS122) Marriage” (VS122) is required under any is required under any of the following situations: 1) when a of the following situations: 1) when a marriage was performed without the benefit marriage was performed without the benefit of a license or when a license has expired of a license or when a license has expired before the date of the ceremony; 2) when before the date of the ceremony; 2) when the requirements to be issued a VS 116 the requirements to be issued a VS 116 cannot be met; 3) to record a marriage cannot be met; 3) to record a marriage which occurred in another state or country which occurred in another state or country where the record no longer exists (Health where the record no longer exists (Health and Safety Code, Section 103450).and Safety Code, Section 103450).

VS 122 Form Court Order Delayed VS 122 Form Court Order Delayed Certificate of MarriageCertificate of Marriage is a two part form, is a two part form, which is completed by a superior court clerk.which is completed by a superior court clerk.

The The “Power of Attorney: California Marriage “Power of Attorney: California Marriage License” License” is required when a member of the is required when a member of the Armed Forces of the United States is stationed Armed Forces of the United States is stationed overseas and serving in a conflict of war and is overseas and serving in a conflict of war and is unable to appear for the license and unable to appear for the license and solemnization of his/her marriage. The power of solemnization of his/her marriage. The power of attorney must be signed by the party stationed attorney must be signed by the party stationed overseas and acknowledged by a notary or overseas and acknowledged by a notary or witnessed by two officers of the United States, witnessed by two officers of the United States, Armed Forces. The power of attorney shall state Armed Forces. The power of attorney shall state the true legal names of the parties to be the true legal names of the parties to be married, and that the power of attorney is solely married, and that the power of attorney is solely for the purpose of authorizing the attorney-in-for the purpose of authorizing the attorney-in-fact to obtain a marriage license on the person’s fact to obtain a marriage license on the person’s behalf and participate in the solemnization of the behalf and participate in the solemnization of the marriage. The original power of attorney shall marriage. The original power of attorney shall be part of the marriage certificate upon be part of the marriage certificate upon registration.registration.

AFFIDAVIT OF INABILITY TO AFFIDAVIT OF INABILITY TO APPEARAPPEAR

This may be used if for sufficient This may be used if for sufficient reason one or both parties cannot reason one or both parties cannot physically appear together to apply physically appear together to apply for the marriage license [FC 426, for the marriage license [FC 426, 502].502]. Specifies sufficient reason includes:Specifies sufficient reason includes:

Proof of hospitalizationProof of hospitalization IncarcerationIncarceration Other reason proved to the satisfaction of the Other reason proved to the satisfaction of the

County ClerkCounty Clerk

AFFIDAVIT OF INABILITY TO AFFIDAVIT OF INABILITY TO APPEAR Con'tAPPEAR Con't

Can be used for either a public or confidential marriage license Can be used for either a public or confidential marriage license [FC 426, 502][FC 426, 502]

Requires the signature of the party who is unable to physically Requires the signature of the party who is unable to physically appear be authenticated by a court or notary publicappear be authenticated by a court or notary public

Requires the affidavit be executed under penalty of perjury by Requires the affidavit be executed under penalty of perjury by all parties (bride, groom and person solemnizing the marriage]all parties (bride, groom and person solemnizing the marriage]

Requires the person solemnizing the marriage physically Requires the person solemnizing the marriage physically present the completed affidavit to the County Clerk explaining present the completed affidavit to the County Clerk explaining the reason for the inability to appearthe reason for the inability to appear

NOTENOTE: GC 8224(a) prohibits the notary public who has : GC 8224(a) prohibits the notary public who has authenticated the signature(s) of the person(s) who is/are authenticated the signature(s) of the person(s) who is/are unable to physically appear in person at the County Clerk’s unable to physically appear in person at the County Clerk’s Office from also being the person solemnizing this marriage. Office from also being the person solemnizing this marriage.

Affidavit to Amend a Marriage Record

(VS 24C) Example when name is too long to fit in boxes.

(VS 24C) Example when adding AKA’s.

ApplicationApplication The application may serve as a transaction The application may serve as a transaction

record for the County Clerk and should only record for the County Clerk and should only be retained until the certificate is registered be retained until the certificate is registered or no more than two years.or no more than two years.

Sixty-Day LetterSixty-Day Letter A list of persons to whom a public marriage A list of persons to whom a public marriage

license was issued or the (third) copy of the license was issued or the (third) copy of the license is to be sent by the County Clerk to license is to be sent by the County Clerk to the County Recorder’s Office. If the the County Recorder’s Office. If the certificate has not been registered after 60 certificate has not been registered after 60 days, the county recorder must send a letter days, the county recorder must send a letter alerting the couple to the expiration date of alerting the couple to the expiration date of their license (Family Code, Section 357).their license (Family Code, Section 357).

COUNTY CLERKSPECIFIC RESPONSIBILITIES

County Clerk Specific County Clerk Specific ResponsibilitiesResponsibilities

The County Clerk or other local official legally The County Clerk or other local official legally authorized to issue marriage licenses should:authorized to issue marriage licenses should:

Determine which marriage license to issue.Determine which marriage license to issue. Collect required fees.Collect required fees. Receive the application for a marriage Receive the application for a marriage

license, and review the application for license, and review the application for completeness, accuracy, and compliance completeness, accuracy, and compliance with the marriage laws of the State of with the marriage laws of the State of California.California.

Complete the personal information about the Complete the personal information about the bride and groom as required on the marriage bride and groom as required on the marriage license forms. license forms.

Issue the license with the necessary Issue the license with the necessary signatures.signatures.

County ClerkConfidential Marriage

Responsibilities

County ClerkConfidential Marriage Responsibilities

The County Clerk is responsible for maintaining a permanent record of all confidential marriages (Family Code, Section 511). Therefore, after the ceremony, the confidential license is returned to the county clerk to be registered. Prior to registration the confidential license is to be reviewed for the following:

1. The date and place of marriage; and

2. Proper completion by the person who performed the ceremony.

If the license is not acceptable, contact the couple If the license is not acceptable, contact the couple and/or the person who performed the ceremony and/or the person who performed the ceremony regarding the problem and how it may be regarding the problem and how it may be corrected, e.g., duplicate, declaration, corrected, e.g., duplicate, declaration, amendment, or court order.amendment, or court order.

If the license is acceptable, sign and register the If the license is acceptable, sign and register the marriage event.marriage event.

Maintain the original confidential marriage Maintain the original confidential marriage certificate as a permanent record which shall not certificate as a permanent record which shall not be open to public inspection except upon court be open to public inspection except upon court order (Family Code, Section 511).order (Family Code, Section 511).

Forward, not less than quarterly, copies of all Forward, not less than quarterly, copies of all confidential marriage certificates to the Office confidential marriage certificates to the Office of Vital Records (Family Code, Section 511). of Vital Records (Family Code, Section 511).

Purchasing a Marriage License

Applicants for a marriage license must be Applicants for a marriage license must be unmarried male and an unmarried femaleunmarried male and an unmarried female

Applicants must be at least Applicants must be at least 1818 years of years of age to marry in California.age to marry in California.

Capable of consenting to and Capable of consenting to and consummating marriage.consummating marriage.

(Family Code, Section 301)(Family Code, Section 301)

Purchasing a Marriage Purchasing a Marriage LicenseLicense

MINOR MARRIAGESMINOR MARRIAGES

The request for a minor marriage must be filed in Superior The request for a minor marriage must be filed in Superior Court Court

[FC 302][FC 302] The clerk of the court will file the application and parental The clerk of the court will file the application and parental

consentconsent If granted, the Court will issue an order authorizing the County If granted, the Court will issue an order authorizing the County

Clerk to issue a marriage license to the couple Clerk to issue a marriage license to the couple The couple will present a certified copy of the order to the The couple will present a certified copy of the order to the

County Clerk at the time the marriage license is issued*County Clerk at the time the marriage license is issued* The County Clerk is no longer responsible nor authorized to The County Clerk is no longer responsible nor authorized to

accept the minor marriage applications and parental consent accept the minor marriage applications and parental consent forms. Simply direct the customers to Superior Court and wait forms. Simply direct the customers to Superior Court and wait for their happy return…..for their happy return…..

NOTE: *There is no requirement that the County Clerk retain NOTE: *There is no requirement that the County Clerk retain the certified copy of the court order authorizing the couple the certified copy of the court order authorizing the couple to marry. to marry.

Minors may not be issued a confidential marriage license Minors may not be issued a confidential marriage license under any circumstances (Family Code, Section 500).under any circumstances (Family Code, Section 500).

Proof of age in a foreign language must be officially translated and certified to be a true and correct translation in the presence of a notary public.

All persons to be married must purchase a license (Family Code, Section 359). No marriage license shall be granted if either of the applicants lacks the capacity to enter into a valid marriage or is, at the time of making the application for the license, under the influence of an intoxicating liquor or narcotic drug (Family Code, Section 352).

If parties’ last names are the same, an inquiry must be made to determine any relationship.

All items on California marriage licenses must be completed (Health and Safety Code, Sections 102125 and 103775). Refusal or failure to provide complete information will result in a license not being issued.

A marriage license is issued immediately if all of the licensing requirements have been met.

The public marriage license can be used anywhere within California (not a sea) however it must be registered in the county of issuance and expires 90 days after the date of the issuance.

A marriage license shall not be issued if:

The parties are already married to each other or anyone else, unless they have a judgment of dissolution or annulment. The parties’ dissolution is not yet final, even if it will be final before the wedding date.

The parties are married and plan to repeat their vows.

The parties are married outside of California.

A confidential marriage ceremony was previously performed.

The License and Certificate of Confidential Marriage must be used in the county where the license was issued (Family Code, Section 504).

There are no state residency requirements to obtain a marriage license in California. If all of the marriage license requirements are met, a license may be issued regardless of the parties’ current residence.

The License and Certificate of Declaration of Marriage must be purchased in the county of residence.

Proxy marriages are not legally valid in California.

Family Code Section 420 adds clarifying language that the parties shall declare in the physical presence of the person solemnizing the marriage and necessary witnesses that they take each other as husband and wife.

There is no age restriction for witness who signs the marriage certificate.

ISSUANCE OF MARRIAGE LICENSE

Except as provided in FC Sections 420(b), Except as provided in FC Sections 420(b), 426 or 502, the bride and groom must 426 or 502, the bride and groom must physically appearphysically appear togethertogether to apply for the to apply for the marriage license [FC 359, 501]marriage license [FC 359, 501]

If the marriage is to be entered into pursuant If the marriage is to be entered into pursuant to Family Code 420 (b), the attorney-in-fact to Family Code 420 (b), the attorney-in-fact must personally appear at the county clerk’s must personally appear at the county clerk’s office with the party who is not stationed office with the party who is not stationed overseas, and present the original power of overseas, and present the original power of attorney duly signed by the party stationed attorney duly signed by the party stationed overseas and acknowledged by a notary or overseas and acknowledged by a notary or witnessed by two officers of the United States witnessed by two officers of the United States Armed Forces.Armed Forces.

Identification

Family Code Section 354 requires that “authentic” photo identification showing the name and date of birth be presented to the County Clerk at the time the marriage license is issued.“Authentic” identification is defined as identification that is real and not duplicate.

Note: It is up to each County Clerk to determine what is considered authentic identification. Contact your local County Counsel for guidance.

Family Code Section 354 states a “credible witness” affidavit or affidavits may be used in lieu of authentic photo identification. A “Credible witness” must be at least 18 years old, of sound mind, and know the person whom they are identifying. A credible witness affidavit is accepted at the discretion of the County Clerk. Counties may want to seek guidance from their County Counsel.

Credible WitnessCredible Witness

All names of vital statistics documents must be the full, legal name (e.g., name acquired by birth, adoption, court-ordered name change, or by naturalization). If the County Clerk is not satisfied that the form of identification presented includes the full, legal name, other proof of identity, such a as a court-ordered name change document may be required.

Identification presented which is in a language other than English may need to be independently verified.

Type the license from the application, Issue Date and Expiration date must be completed.

Present the typed license to the applicants for verification of information. If any errors, retype/correct at this time.

No erasures, strikeovers, whiteouts, or other types of alterations can be made on the form. The marriage certificate is a legal document which must be able to hold up in court, unchallenged as to its accuracy and reliability.

Failure to follow the above instructions will result in delay in the registration of the certificate, and possibly an additional charge for a duplicate license.

Sample marriage application

Applicants sign the marriage license. For marriages that are entered into pursuant to Family Code 420(b), the attorney-in-fact (AIF) must sign the marriage license on behalf of the party who is overseas. For example, John Alan Smith, by: Joseph Brown, AIF.

Accept the applicants’ normal or usual customary signatures on these forms.

Deputy County Clerk signs the original as the issuing authority.

The license number is required.

Give verbal instructions regarding the use of the license within 90 days, and the return of the public marriage license to Recorder’s Office by the person solemnizing the marriage within 10 days.

Hand the license to the couple advising them that it is to be given to the person officiating the marriage ceremony.

Groom/Bride Personal Data Items

Groom/Bride Personal Data Items

Names:Enter legal name e.g., by birth, adoption, marriage, naturalization or court-ordered name change. No nicknames or abbreviations.If the individual wants the record to reflect additional names, an Affidavit to Amend a Marriage Record is required.

Birthdates:Enter date of birth: format shall be 01/01/2008

State/Country of birth:Use the standard two-character state abbreviation. Spell out or use appropriate abbreviation for a foreign country. If it is known that the applicant was born in a foreign country or on the high seas, but the name of the country is unknown, enter “Foreign, Unknown.” If it is known that the applicant was born in the U.S.A., but the state is unknown, enter “U.S.A., Unknown.” If no information is available, enter “Unknown.”

# of previous number of marriages/SRDP

Last marriage/Term SRDP ended by: One of the boxes must be checked

Previous # of marriages is 0 the N/A box must be checked

Date ended: If previous marriages are 0 enter a dash

Residence—Street Address:Effective 01/01/2007 SB 1364 (P.O. Box/ Business address)If either of the applicants for or any witness to, a certificate of registry of marriage and a marriage license requests, the certificate of registry and the marriage license shall show the business address or United States Postal Service post office box for that applicant or witness instead of the residential address of that person.

Note: If the applicant “lives” in an institution, e.g., prison, enter The address of the individual’s usual and customary permanent residence (e.g., the place where he/she lived prior to beinginstitutionalized. Institutions are not considered permanent Residences).

City

State/CountryUse the standard two-character state abbreviation.

Zip CodeA minimum of five digits must be entered. If outside the U.S. with no zip code enter a dash. Do not leave blank.

Full birth name of father/parent

State of birth (Outside the U.S. enter Country)(Same as instruction above)

Full birth name of mother/parent

State of birth (Outside the U.S. enter Country)(Same as instruction above)

Format for entering datesUse two digits for the month followed by a /, two digits for the day followed by a /, and use four digits for the century and year.

Where incomplete dates are acceptable the entry is to be made as: e.g., 01/--/1992, --/05/2000.

Issuing the marriage license:

Present the completed license to the applicants for verification of information. If any errors are found, correct and reprint at this time.

Affidavit of Bride and Groom The oath is given to bride and groom according to your Counties policy.

Accept the applicants’ normal or usual customary signatures on these forms.

Marriages that are entered into pursuant to Family Code 420(b) attorney-in-fact.

Deputy County Clerk signs the original as the issuing authority.

Give verbal instructions regarding the use of the license within 90 days, and the return of the public marriage license to Recorder’s Office by the person solemnizing the marriage within 10 days.

Give the license to the couple advising them that it is to be given to the person officiating the marriage ceremony.

Signatures that are made with a mark (X):Any signature made with a mark (X) must be identified with thestatement. “His mark,” or “Her mark,” and followed by the written signature of one person who witnessed the signing. The official issuing the license may sign as the witness. The typed name of the witness must be included. After the completed certificate has been recorded, do not attach the signature and statement to the license when submitting to the OVR (October 1985

Newsletter).Example:

23. Signature of Groom23. Signature of Groom> “X” “His Mark” Witness: Jane Doe> “X” “His Mark” Witness: Jane Doe

Attorney-in-fact signature:

24. Signature of Groom

> John Alan Smith, by: Joseph Brown, AIF

Attorney-in-fact signatures: The attorney-in fact (AIF) must sign on behalf of the party who is stationed over seas.

Example:

Marriage Ceremony(Who is required to be present?)

Marriage Ceremony(Who is required to be present)

The marriage license must be reviewed by the marriage Officiant prior to solemnizing the marriage. Any person who solemnizes a marriage without first reviewing the license is guilty of a misdemeanor (Penal Code, Section 360).

A public marriage (VS117) in California requires a minimum of four people: an unmarried male, an unmarried female, a person solemnizing the marriage, and at least one witness (Family Code, Section 420).

A declaration of marriage (VS 116) requires the signature of both the husband and wife, and two witnesses to the marriage being declared.

A denomination which does not have clergy marriage (VS 115) requires an unmarried male, an unmarried female, and two witnesses.

A confidential marriage (VS 123) requires an unmarried male, an unmarried female, a person solemnizing the marriage, and no witnesses.

Commissioner for One-Day

Commissioner for One-DayFamily Code, Section:

401(a) For each county, the county clerk is designated as a commissioner of civil marriages.(b) The commissioner of civil marriages may appoint deputy commissioners of civil marriages who may solemnize marriages under the direction of the commissioner of civil marriages and shall perform other duties directed by the commissioner.

Penal Code, Section:70.5 Every commissioner of civil marriages or every deputy commissioner of civil marriages who accepts any money or other thing of value for performing any marriage pursuant to Section 401 of the Family Code, including any money or thing of value voluntarily tendered by the persons about to be married or who have been married by the commissioner of civil marriages or deputy commissioner of civil marriages, other than a fee expressly imposed by law for performance of a marriage, whether the acceptance occurs before o rafter performance of the marriage and whether or not performance of the marriage is conditioned on the giving of such money or the thing of value by the persons being married, is guilty of a misdemeanor. It is not a necessary element of the offense described by this section that the acceptance of the money or other thing of value be committed with intent to commit extortion or with other criminal intent. This section does not apply to the request or acceptance by any retired commissioner of civil marriages of a fee for the performance of a marriage. This section is inapplicable to the acceptance of a fee for the performance of a marriage on Saturday, Sunday, or a legal holiday.

Confidential Marriages

Confidential Marriage Licenses Issued to NotariesFamily Code, Section 504, provides that a confidential marriage license issued by the County Clerk to a notary public shall be valid for a period of 90 days after its issuance by the County Clerk and may only be used in the county in which it was issued.

The notary must point out the “date expires after” to the couple and inform them that this is the last day on which the license may be used.The notary public is to be informed that she/he will not be refunded for any marriage licenses which will expire before they can be used by parties to the marriage.

For a notary to perform the marriage, she/he must be one of the persons authorized under Family Code, Section 400, e.g., priest, minister, or rabbi.

AUTHORIZED NOTARIESAUTHORIZED NOTARIES

Increase in the fee to file an application Increase in the fee to file an application and a renewal from $175. to $300.and a renewal from $175. to $300.

No approval, or renewal of approval shall No approval, or renewal of approval shall be granted unless the notary public shows be granted unless the notary public shows evidence of successful completion of a evidence of successful completion of a course of instruction concerning the course of instruction concerning the issuance of confidential marriage licenses issuance of confidential marriage licenses that was conducted by the County Clerk in that was conducted by the County Clerk in the county of registration [FC 532]. the county of registration [FC 532].

AUTHORIZED NOTARIES AUTHORIZED NOTARIES con’tcon’t

Extends the course of instruction to a maximum Extends the course of instruction to a maximum of six hours [FC 532].of six hours [FC 532].

Suggests that you contact your County Counsel Suggests that you contact your County Counsel for guidance as to whether or not GC 8224(a) for guidance as to whether or not GC 8224(a) prohibits the notary public who has acknowledged prohibits the notary public who has acknowledged the signature of the bride and groom from also the signature of the bride and groom from also being the person solemnizing this marriage. being the person solemnizing this marriage. GC 8224GC 8224. A notary public who has a direct financial . A notary public who has a direct financial

or beneficial interest in a transaction shall not or beneficial interest in a transaction shall not perform any notarial act in connection with such perform any notarial act in connection with such transaction.transaction.

AUTHORIZED NOTARIES AUTHORIZED NOTARIES con’tcon’t

A provision was added requiring the County A provision was added requiring the County Clerk to notify the Secretary of State for Clerk to notify the Secretary of State for whatever action the SOS deems appropriate if whatever action the SOS deems appropriate if it is discovered the notary public has engaged it is discovered the notary public has engaged in any of the acts specified in GC 8214.1 in any of the acts specified in GC 8214.1 (covers the reasons why the SOS may refuse (covers the reasons why the SOS may refuse to appoint, revoke or suspend a notary)to appoint, revoke or suspend a notary)

Requires the County Clerk retain any fees paid Requires the County Clerk retain any fees paid by the notary public when the approval to by the notary public when the approval to issue confidential marriage licenses is revoked, issue confidential marriage licenses is revoked, or when the County Clerk places the or when the County Clerk places the authorized notary on probation or suspension authorized notary on probation or suspension [FC 535].[FC 535].

DUPLICATE LICENSESDUPLICATE LICENSES If a marriage license is lost, damaged, or destroyed after the If a marriage license is lost, damaged, or destroyed after the

ceremony, but before it is returned to the county recorder, or ceremony, but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder, the deemed unacceptable for registration by the county recorder, the person solemnizing the marriage, in order to comply with Section person solemnizing the marriage, in order to comply with Section 359, shall obtain a duplicate marriage license by filing an affidavit 359, shall obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the setting forth the facts with the county clerk of the county in which the license was issued [FC 360, 510].license was issued [FC 360, 510].

The duplicate license may only be issued within one year of the The duplicate license may only be issued within one year of the issuance date on the original license, and must be registered within issuance date on the original license, and must be registered within one year of the issuance date shown on the original license. one year of the issuance date shown on the original license. NOTE: NOTE: The issuance date on the duplicate license will be the same as the The issuance date on the duplicate license will be the same as the issuance date on the original license, just be sure it’s registered issuance date on the original license, just be sure it’s registered prior to one year of the date shown in Box 25A on the marriage prior to one year of the date shown in Box 25A on the marriage license.license.

The County Clerk may charge a fee to cover the actual cost of The County Clerk may charge a fee to cover the actual cost of issuing a duplicate marriage licenseissuing a duplicate marriage license..

ProceduresUpon presentation of an affidavit by the Officiant setting forth all the facts and payment is accepted, a duplicate certificate of marriage may be issued to the person who solemnized the marriage when the original certificate has been lost, destroyed, or is unacceptable for registration, e.g., registered in wrong county, illegible, whiteout, erasures, etc.The affidavit is to be filed with the County Clerk of the county in which the license was issued. When the affidavit is completed and signed, type the duplicate certificate from the facts set forth. Type “DUPLICATE” at the top of the certificate directly above the title of the form.

Signatures

The only signature required is that of the person who solemnized the marriage. If present at the time of issuance, the bride, groom, and witness may sign the duplicate certificate. However when the bride, groom, and witness are not present, their names are to be typed as follows:

Example:

23 Signature of Groom/Husband 24 Signature of Bride/Wife> /s/ Julio Iglesias > /s/ Maria Aguilera

NOTE: The witness’ name is to be entered in the same manner in the appropriate space.

Special Circumstances

In the event that the husband or wife is deceased, a duplicate certificate of marriage may be issued to the person who solemnized the marriage, on behalf of the surviving spouse, within one year from the date the license was issued. If more than one year has passed, a Court Order Delayed Certificate of Marriage (VS 122) will be required to record the event.

If both the husband and wife are deceased, a VS 122 if required to record the marriage.

When a duplicate certificate is required and the person who solemnized the marriage is deceased, a VS 122 is required.

Replacement LicensesReplacement Licenses

If a marriage license is lost, damaged If a marriage license is lost, damaged or destroyed or destroyed before a marriage before a marriage ceremony ceremony takes place, the takes place, the applicants must purchase a new applicants must purchase a new marriage license and the old license marriage license and the old license shall be void [FC 360].shall be void [FC 360].

Copies of Confidential Marriages

Copies may be obtained only by a party to the marriage, or by order of the Superior Court.Either party to the confidential marriage (husband or wife) may obtain a certified copy from the County Clerk of the county in which the certificate was filed, by doing one of the following:

Submitting the application that was provided at the time of the issuance of the marriage license along with the required fee; this request form is for the convenience of the husband and wife to obtain certified copies by mail. It may be utilized at any time after the ceremony and need not be notarized.

Appearing in person, paying the fee, and providing proper identification to the County Clerk where the certificate is filed.

A new provision was added that a party to the marriage A new provision was added that a party to the marriage can either mail can either mail or fax or fax their written request for a certified their written request for a certified copy of their confidential marriage certificate to the copy of their confidential marriage certificate to the County Clerk provided their signature has been County Clerk provided their signature has been acknowledged by a notary public or county clerk in the acknowledged by a notary public or county clerk in the party’s county of residence [FC 509]. party’s county of residence [FC 509]. NOTE: NOTE: These These request will be handled similar to birth, death requests request will be handled similar to birth, death requests received through Vitalchekreceived through Vitalchek

Copies of Confidential Marriages

Persons other than a party to the marriage may receive a written acknowledgement that a marriage took place. The written acknowledgment must be certified and may be presented on letterhead or on a form developed by the County Clerk. Upon receipt of the current fee, the County Clerk may conduct a search for a confidential marriage certificate for the purpose of confirming the existence of a marriage; however, the date of the marriage and any other information contained in the certificate shall not be disclosed except upon court order.

If no record is found, the fee is retained and the requester may be issued a Certification of No Record/ Certificate of Record. The following samples can be adapted for local use.

This concludes this session of theVitals/County Clerk Workshop

County Clerk

Issuance of Marriage Licenses