5/17/11

Legal Rights of Confidential Marriage

    • In states throughout the United States, including California, couples wishing to be married privately can obtain a confidential marriage license. This document allows the couple to be married while protecting certain aspects of their privacy at the same time. Couples wishing to obtain this type of marriage license should first find out whether this is an option for them in their state of residence, or whether it will necessitate travel to another state.

    Anonymity

    • Applications for standard marriage licenses are considered to be public record and as such, this information can be readily obtained via the county clerk's office. Confidential marriage license applications, however, are not considered public record and cannot be accessed by the general public. Except by a special court decree, only the couple named on the confidential marriage license can legally access these records.

    Shorter Wait Times

    • Couples who obtain a confidential marriage license can marry as soon as they receive their license and are exempt from the waiting period required by the state. They can also marry without witnesses present and are entitled to receive a copy of their marriage certificate immediately, rather than via the mail.

    Eligibility

    • In states where confidential marriage is permitted, couples are required to prove that they are currently living together as a married couple and make a sworn statement to the county clerk's office or the notary. They must also submit all of the normal information required to apply for a marriage license, such as a valid identification and proof that they are not currently married to another person.

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