Best Marriage Lawyers in San Mateo

About Marriage Law in San Mateo, United States

Marriage law in San Mateo, California, operates within the broader framework of state law while observing certain local procedures and requirements. A marriage is considered a legal contract between two consenting adults that confers specific rights and responsibilities. In California, all marriages must comply with state statutes regarding age, consent, and licensing. The San Mateo County Clerk is responsible for issuing marriage licenses and maintaining records. Couples must ensure that their marriage meets all legal prerequisites to be recognized by the state.

Why You May Need a Lawyer

While many couples successfully navigate the marriage process without legal assistance, there are several common situations where seeking the advice of a qualified attorney is beneficial. People may need a lawyer for marriage in San Mateo if:

• They are entering into prenuptial or postnuptial agreements
• There are complex financial assets or debts to consider
• Immigration status is impacted by the marriage
• There are questions about prior marriages, divorce, or annulment
• Domestic violence or protective orders are involved
• They wish to understand their legal rights, particularly regarding property and children
• Same-sex couples seek guidance on legal recognition or parental rights

Legal counsel can also help ensure that all necessary paperwork is completed correctly and that the marriage will be legally recognized by the state of California.

Local Laws Overview

San Mateo follows California state marriage laws, including the following key aspects:

• Marriage License: Both parties must appear in person at the San Mateo County Clerk’s office to apply. There is no residency requirement, but a valid government-issued photo ID is needed.
• Waiting Period: There is no waiting period in California; couples can marry immediately after obtaining their license.
• Age Requirements: Parties must be at least 18 years old. Minors require court approval and parental consent.
• Blood Test: Blood tests are not required for marriage in California.
• Ceremony: The marriage must be solemnized by a person authorized by law, such as a judge or ordained officiant.
• Recording: The marriage certificate must be completed and returned to the County Clerk after the ceremony to be recorded officially.
• Types of Licenses: San Mateo offers both public and confidential marriage licenses, each with specific requirements and levels of privacy.

It’s important to comply with all requirements to avoid delays or legal complications.

Frequently Asked Questions

What documents do I need to get a marriage license in San Mateo?

Both parties need to present valid government-issued photo identification, such as a driver’s license or passport. If previously married, you may need to provide certified copies of divorce decrees or death certificates.

Can we get married the same day we get our marriage license?

Yes. There is no waiting period in California. You may marry on the same day you obtain your license.

Do we have to be California residents to marry in San Mateo?

No. Residency in California or San Mateo County is not required to marry here.

Can minors get married in San Mateo?

Minors under 18 may marry only with approval from a California court and written consent from at least one parent or guardian.

What is the difference between a public and a confidential marriage license?

A public marriage license is part of public records and can be viewed by anyone. A confidential license is not publicly accessible and can only be viewed by the couple or with a court order, but specific criteria must be met.

Is a blood test required to get married in San Mateo?

No. Blood tests are not required for marriage in California.

What happens if we lose our marriage license before the ceremony?

You must return to the County Clerk's office to obtain a new license before the marriage can take place.

Who can officiate our wedding in San Mateo?

Weddings can be officiated by religious clergy, judges, magistrates, current or retired county clerks, or any person who has been deputized by the County to perform marriages.

How do we get a copy of our marriage certificate after the ceremony?

Certified copies can be ordered from the San Mateo County Clerk’s office in person or by mail once the completed marriage license has been returned and filed.

Can same-sex couples get married in San Mateo?

Yes. Same-sex marriage is legal and fully recognized in California and San Mateo County.

Additional Resources

Several local and state organizations can help you understand marriage law and provide support services:

• San Mateo County Clerk’s Office - Marriage licenses, certificates, and officiation services
• San Mateo County Family Law Facilitator - Free assistance with family law matters including marriage and divorce
• California Department of Public Health - Marriage and vital records information
• Local legal aid organizations - Assistance for low-income individuals seeking help with family law
• State Bar of California - Referrals to certified family law attorneys

Next Steps

If you need legal assistance with marriage in San Mateo, start by gathering relevant documents such as identification, prior divorce decrees, and your marriage license application. Consider consulting with a qualified family law attorney, especially if your situation involves prenuptial agreements, complex property arrangements, parental rights, or legal concerns related to prior marriages. Visit the San Mateo County Clerk’s Office for licensing and procedural information, and use the recommended resources to explore additional guidance or legal aid. Taking these steps can ensure your marriage is conducted legally and your rights are fully protected.