Posted by GOLDGIRL/CA on 8/3/11 12:00am
Msg #392420

Question for CA notaries

Got a call today from a young woman who wanted to know if I could help her and her fiance obtain a marriage license. She said he was in training on a military base and could not leave during the day to go to the county courthouse to get a license (although I think in CA that couples go the county/city clerk's office?).

In any case, I vaguely recall that notaires were given the authority to issue confidential marriage licenses ... or something like that. I read about it as a possible income source for notaries. I remember following up on it a long time ago and was told by a county clerk that because notaries kept screwing things up so bad, that the clerk's office no longer allowed notary involvement. Does any of this ring a bell?

More to the point, does anyone have any ideas to help our betrothed couple?

Reply by BarbaraL_CA on 8/3/11 12:11am
Msg #392421

"Both parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license in California. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date, such as a state issued identification card, drivers license, passport, military identification, etc. Some counties may also require a copy of your birth certificate."
The above is from the CA.gov Public Health website: http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/MarriageLicenseceremonygeneralinfo.aspx

You might have her call there and see what they suggest.

Reply by GOLDGIRL/CA on 8/3/11 12:33am
Msg #392427

Thanks! I think that's the best idea - have her call the county clerk and see what they say.

Reply by Marian_in_CA on 8/3/11 1:08am
Msg #392429

Some notaries are allowed to issue confidential licenses... but only if they are authorized by the county clerk to do so, and only if the couple can swear to certain things... the first of which being that they are already living together as if they were married. Also, it's important for the couple to know the ramifications of a confidential license. There are a ton of restrictions for obtaining a copy of the license later on if they need it.

Each county clerk does this differently, and some don't allow it at all any more. It totally depends on the county. In some, like LA county, there's a long waiting list to take the clerk's special class for it.

Plus, notaries who do have this authority can only do so in the county where they live, and the wedding must take place in the county, too. There are a whole lot of rules.

Now, there is another way. It's called an "Inability to Appear" affidavit. This is really only used for those who are incarcerated, hospitalized or something similar. There has to be a VERY good reason why they can't appear. What happens is that they have the affidavit notarized by the person who cannot appear at the clerk's office. The other person (in this case, the bride) would then have to appear with the officiant at the clerk's office to obtain the license. The clerk would then issue the license to the officiant.

It's important to know that the couple MUST already have their officiant before they do the affidavit because the officiant's name has to be on the form... and of course, we can't notarize an incomplete document.

Here's a sample form used in Stanislaus County: http://www.stancounty.com/clerkrecorder/pdf/inability-to-appear.pdf

I would suggest that the bride go to the clerk's office and ask for an Inability to Appear package... and ask if they would approve his excuse (in military training) before completing the paperwork, since he isn't in jail or the hospital.

I'm sure a chaplain at the facility where the groom is training would be familiar with what needs to be done in the county where they are located. They might even have the forms, too.

Reply by Marian_in_CA on 8/3/11 1:18am
Msg #392435

"What happens is that they have the affidavit notarized by the person who cannot appear at the clerk's office."


Wow, serves me right for posting so late at night. I meant, of course, that the person who cannot appear signs and has his signature notarized.

Reply by GOLDGIRL/CA on 8/3/11 11:21am
Msg #392472

Thanks so much, Marian. You're the best. I'll pass this on to the bride-to-be. (Maybe they'll send you a slice of wedding cake!)

As far as my county goes, I'm sure it never offered a class like L.A. County does - I remember seeing a list of basically unintelligible, incoherent instructions (kinda like what we get from
SSs) on what a notary should do when issueng a confidential license - so it wasn't all the notaries' fault that things didn't go smoothly, IMO.

Thanks again!

Reply by GOLDGIRL/CA on 8/3/11 6:03pm
Msg #392541

To Marian

Marian - I forwarded on your info to the bride-to-be and this was her response:

<<Thank you so much I really appreciate the time you spent on researching this and sending it to me. You are so sweet. When he has time he will double check and ask the priest on base more info on it. Church on base is only Sundays. So we will see what other information he can give us as well. Thank you again! Have a wonderful day!>>

You get a gold star for being such a helpful, well-informed notary!

Reply by Marian_in_CA on 8/3/11 7:10pm
Msg #392551

Not a problem, hope i works out for them. n/m