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To marry in California, the two parties may not be already married to each other or other individuals.
Marriage by proxy is NOT allowed in California. Family Code, Section 420(a), requires the two parties, marriage officiant and witness if applicable be physically present together in the same location for the marriage to be performed.
California Family Code 420(b) allows a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for licensure and solemnization of the marriage to enter into a marriage by the appearance of an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney (POA).
- The attorney-in-fact must personally appear at the County Clerk’s Office with the party who is not stationed overseas and POA that is acknowledged by a notary or witnessed by two officers of the United States Armed Forces. Copies of the form, including by facsimile, are not acceptable.
- The POA shall state the full given names at birth, or by court order, of the parties to be married, and that the POA is solely for the purpose of authorizing the attorney-in-fact to obtain a marriage license on the person’s behalf and participate in the solemnization of the marriage.
- The original POA shall be a part of the marriage certificate upon registration. Additional information can be obtained from the County Clerk or State Registrar’s Office.
