How can I fix my defective marriage license?
/Did you fail to turn in your marriage license?
The California Family Code provides the following guidance on defects in Confidential Marriage Licenses (Family Code 360 and 510):
510. (a) If a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county clerk, or deemed unacceptable for registration by the county clerk, the person solemnizing the marriage, in order to comply with Section 506, shall obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued.
(b) The duplicate license may not be issued later than one year after issuance of the original license and shall be returned by the person solemnizing the marriage to the county clerk within one year of the issuance date shown on the original marriage license. (c) The county clerk may charge a fee to cover the actual costs of issuing a duplicate marriage license. (d) If a marriage license is lost, damaged, or destroyed before a marriage ceremony takes place, the applicants shall purchase a new marriage license and the old license shall be voided.
Before one year of the issue date of the marriage license you can file and affidavit for a duplicate of the marriage license under Family Code 360 and 510, and if it has been more than one year, you can use the declaration of marriage form (VS 116) FC Section 425. You can also use the Court order delayed certificate of marriage form (VS 122).
Contact me at amanda@gordonfamilylaw.com for more information.