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Second Annual Vitals/County Clerk Staff Workshop 2008.

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Presentation on theme: "Second Annual Vitals/County Clerk Staff Workshop 2008."— Presentation transcript:

1 Second Annual Vitals/County Clerk Staff Workshop 2008

2 DISCLAIMER / WARNING This is a training workshop, but local practices do vary from county to county according to local policy and practice as well as local county counsel opinions. No practice or procedure you become aware of as a result of this workshop should be implemented in your own office without the full AWARENESS and APPROVAL of the County Clerk or Recorder for whom you work.

3 Marriage Registration System Consists of:  County Clerk  Marriage Officiant  County Recorder  Office of Vital Records  National Center for Health Statistics

4 County Clerk Issuance of Marriage Licenses

5 The County Clerk is responsible for the issuance of public and confidential marriage licenses. The County Clerk is the local registrar of confidential marriages (Family Code Section 511). A permanent index of all confidential marriages registered is maintained by the County Clerk. The County Clerk is responsible for the issuance of public and confidential marriage licenses. The County Clerk is the local registrar of confidential marriages (Family Code Section 511). A permanent index of all confidential marriages registered is maintained by the County Clerk.

6 Marriage License Forms

7 The “License and Certificate of Marriage” (VS117) is the standard public marriage certificate (Family Code, Section 359). The “License and Certificate of Marriage” (VS117) is the standard public marriage certificate (Family Code, Section 359).

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10 The “License and Certificate of The “License and Certificate of Confidential Marriage” (VS123) is used Confidential Marriage” (VS123) is used by those persons who have been living by those persons who have been living together as husband and wife (Family Code, together as husband and wife (Family Code, Section 500). Section 500).

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12 The “License and Certificate of Marriage for Denominations not having Clergy (VS115) is used by persons who are members of a religious society or denomination not having clergy (Family Code Section 307). The “License and Certificate of Marriage for Denominations not having Clergy (VS115) is used by persons who are members of a religious society or denomination not having clergy (Family Code Section 307).

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14 The “License and Certificate of Declaration of Marriage” (VS 116) is used by those persons who wish to declare an already existing licensed California marriage where no record of that marriage exists, and it has been one year or more since the date of that marriage. (Family Code, Section 425). The “License and Certificate of Declaration of Marriage” (VS 116) is used by those persons who wish to declare an already existing licensed California marriage where no record of that marriage exists, and it has been one year or more since the date of that marriage. (Family Code, Section 425).

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16 The “Court Order Delayed Certificate of Marriage” (VS122) is required under any of the following situations: 1) when a marriage was performed without the benefit of a license or when a license has expired before the date of the ceremony; 2) when the requirements to be issued a VS 116 cannot be met; 3) to record a marriage which occurred in another state or country where the record no longer exists (Health and Safety Code, Section ). The “Court Order Delayed Certificate of Marriage” (VS122) is required under any of the following situations: 1) when a marriage was performed without the benefit of a license or when a license has expired before the date of the ceremony; 2) when the requirements to be issued a VS 116 cannot be met; 3) to record a marriage which occurred in another state or country where the record no longer exists (Health and Safety Code, Section ). VS 122 Form Court Order Delayed Certificate of Marriage is a two part form, which is completed by a superior court clerk. VS 122 Form Court Order Delayed Certificate of Marriage is a two part form, which is completed by a superior court clerk.

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19  The “Power of Attorney: California Marriage License” is required when a member of the Armed Forces of the United States is stationed overseas and serving in a conflict of war and is unable to appear for the license and solemnization of his/her marriage. The power of attorney must be signed by the party stationed overseas and acknowledged by a notary or witnessed by two officers of the United States, Armed Forces. The power of attorney shall state the true legal names of the parties to be married, and that the power of attorney 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 power of attorney shall be part of the marriage certificate upon registration.

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21 AFFIDAVIT OF INABILITY TO APPEAR This may be used if for sufficient reason one or both parties cannot physically appear together to apply for the marriage license [FC 426, 502]. This may be used if for sufficient reason one or both parties cannot physically appear together to apply for the marriage license [FC 426, 502]. Specifies sufficient reason includes: Specifies sufficient reason includes: Proof of hospitalization Proof of hospitalization Incarceration Incarceration Other reason proved to the satisfaction of the County Clerk Other reason proved to the satisfaction of the County Clerk

22 AFFIDAVIT OF INABILITY TO APPEAR Con't Can be used for either a public or confidential marriage license [FC 426, 502] Can be used for either a public or confidential marriage license [FC 426, 502] Requires the signature of the party who is unable to physically appear be authenticated by a court or notary public Requires the signature of the party who is unable to physically appear be authenticated by a court or notary public Requires the affidavit be executed under penalty of perjury by all parties (bride, groom and person solemnizing the marriage] Requires the affidavit be executed under penalty of perjury by all parties (bride, groom and person solemnizing the marriage] Requires the person solemnizing the marriage physically present the completed affidavit to the County Clerk explaining the reason for the inability to appear Requires the person solemnizing the marriage physically present the completed affidavit to the County Clerk explaining the reason for the inability to appear NOTE: GC 8224(a) prohibits the notary public who has authenticated the signature(s) of the person(s) who is/are unable to physically appear in person at the County Clerk’s Office from also being the person solemnizing this marriage. NOTE: GC 8224(a) prohibits the notary public who has authenticated the signature(s) of the person(s) who is/are unable to physically appear in person at the County Clerk’s Office from also being the person solemnizing this marriage.

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24 Affidavit to Amend a Marriage Record

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29 (VS 24C) Example when name is too long to fit in boxes.

30 (VS 24C) Example when adding AKA’s.

31 Application Application  The application may serve as a transaction record for the County Clerk and should only be retained until the certificate is registered or no more than two years. Sixty-Day Letter Sixty-Day Letter  A list of persons to whom a public marriage license was issued or the (third) copy of the license is to be sent by the County Clerk to the County Recorder’s Office. If the certificate has not been registered after 60 days, the county recorder must send a letter alerting the couple to the expiration date of their license (Family Code, Section 357).

32 COUNTY CLERK SPECIFIC RESPONSIBILITIES

33 County Clerk Specific Responsibilities The County Clerk or other local official legally authorized to issue marriage licenses should:  Determine which marriage license to issue.  Collect required fees.  Receive the application for a marriage license, and review the application for completeness, accuracy, and compliance with the marriage laws of the State of California.  Complete the personal information about the bride and groom as required on the marriage license forms.  Issue the license with the necessary signatures.

34 County Clerk Confidential Marriage Responsibilities

35 County Clerk Confidential Marriage Responsibilities The County Clerk is responsible for maintaining a permanent record of all confidential marriages (Family Code, Section 511). Therefore, after the ceremony, the confidential license is returned to the county clerk to be registered. Prior to registration the confidential license is to be reviewed for the following: 1.The date and place of marriage; and 2. Proper completion by the person who performed the ceremony.

36  If the license is not acceptable, contact the couple and/or the person who performed the ceremony regarding the problem and how it may be corrected, e.g., duplicate, declaration, amendment, or court order.  If the license is acceptable, sign and register the marriage event.  Maintain the original confidential marriage certificate as a permanent record which shall not be open to public inspection except upon court order (Family Code, Section 511).  Forward, not less than quarterly, copies of all confidential marriage certificates to the Office of Vital Records (Family Code, Section 511).

37 Purchasing a Marriage License

38  Applicants for a marriage license must be unmarried male and an unmarried female  Applicants must be at least 18 years of age to marry in California.  Capable of consenting to and consummating marriage. (Family Code, Section 301) Purchasing a Marriage License

39 MINOR MARRIAGES The request for a minor marriage must be filed in Superior Court The request for a minor marriage must be filed in Superior Court [FC 302] [FC 302] The clerk of the court will file the application and parental consent The clerk of the court will file the application and parental consent If granted, the Court will issue an order authorizing the County Clerk to issue a marriage license to the couple If granted, the Court will issue an order authorizing the County Clerk to issue a marriage license to the couple The couple will present a certified copy of the order to the County Clerk at the time the marriage license is issued* The couple will present a certified copy of the order to the County Clerk at the time the marriage license is issued* The County Clerk is no longer responsible nor authorized to accept the minor marriage applications and parental consent forms. Simply direct the customers to Superior Court and wait for their happy return….. The County Clerk is no longer responsible nor authorized to accept the minor marriage applications and parental consent forms. Simply direct the customers to Superior Court and wait for their happy return….. NOTE: *There is no requirement that the County Clerk retain the certified copy of the court order authorizing the couple to marry. NOTE: *There is no requirement that the County Clerk retain the certified copy of the court order authorizing the couple to marry. Minors may not be issued a confidential marriage license under any circumstances (Family Code, Section 500). Minors may not be issued a confidential marriage license under any circumstances (Family Code, Section 500).

40 Proof of age in a foreign language must be officially translated and certified to be a true and correct translation in the presence of a notary public. All persons to be married must purchase a license (Family Code, Section 359). No marriage license shall be granted if either of the applicants lacks the capacity to enter into a valid marriage or is, at the time of making the application for the license, under the influence of an intoxicating liquor or narcotic drug (Family Code, Section 352).

41 If parties’ last names are the same, an inquiry must be made to determine any relationship. All items on California marriage licenses must be completed (Health and Safety Code, Sections and ). Refusal or failure to provide complete information will result in a license not being issued. A marriage license is issued immediately if all of the licensing requirements have been met. The public marriage license can be used anywhere within California (not a sea) however it must be registered in the county of issuance and expires 90 days after the date of the issuance.

42 A marriage license shall not be issued if:  The parties are already married to each other or anyone else, unless they have a judgment of dissolution or annulment.  The parties’ dissolution is not yet final, even if it will be final before the wedding date.  The parties are married and plan to repeat their vows.  The parties are married outside of California.  A confidential marriage ceremony was previously performed.

43 The License and Certificate of Confidential Marriage must be used in the county where the license was issued (Family Code, Section 504). There are no state residency requirements to obtain a marriage license in California. If all of the marriage license requirements are met, a license may be issued regardless of the parties’ current residence. The License and Certificate of Declaration of Marriage must be purchased in the county of residence.

44 Proxy marriages are not legally valid in California. Family Code Section 420 adds clarifying language that the parties shall declare in the physical presence of the person solemnizing the marriage and necessary witnesses that they take each other as husband and wife. There is no age restriction for witness who signs the marriage certificate.

45 ISSUANCE OF MARRIAGE LICENSE

46 Except as provided in FC Sections 420(b), 426 or 502, the bride and groom must physically appear together to apply for the marriage license [FC 359, 501] If the marriage is to be entered into pursuant to Family Code 420 (b), the attorney-in-fact must personally appear at the county clerk’s office with the party who is not stationed overseas, and present the original power of attorney duly signed by the party stationed overseas and acknowledged by a notary or witnessed by two officers of the United States Armed Forces.

47 Identification Family Code Section 354 requires that “authentic” photo identification showing the name and date of birth be presented to the County Clerk at the time the marriage license is issued. “Authentic” identification is defined as identification that is real and not duplicate. Note: It is up to each County Clerk to determine what is considered authentic identification. Contact your local County Counsel for guidance.

48 Family Code Section 354 states a “credible witness” affidavit or affidavits may be used in lieu of authentic photo identification. A “Credible witness” must be at least 18 years old, of sound mind, and know the person whom they are identifying. A credible witness affidavit is accepted at the discretion of the County Clerk. Counties may want to seek guidance from their County Counsel. Credible Witness

49 All names of vital statistics documents must be the full, legal name (e.g., name acquired by birth, adoption, court-ordered name change, or by naturalization). If the County Clerk is not satisfied that the form of identification presented includes the full, legal name, other proof of identity, such a as a court-ordered name change document may be required. Identification presented which is in a language other than English may need to be independently verified.

50 Type the license from the application, Issue Date and Expiration date must be completed. Present the typed license to the applicants for verification of information. If any errors, retype/correct at this time. No erasures, strikeovers, whiteouts, or other types of alterations can be made on the form. The marriage certificate is a legal document which must be able to hold up in court, unchallenged as to its accuracy and reliability. Failure to follow the above instructions will result in delay in the registration of the certificate, and possibly an additional charge for a duplicate license.

51 Sample marriage application

52 Applicants sign the marriage license. For marriages that are entered into pursuant to Family Code 420(b), the attorney-in-fact (AIF) must sign the marriage license on behalf of the party who is overseas. For example, John Alan Smith, by: Joseph Brown, AIF. Accept the applicants’ normal or usual customary signatures on these forms.

53 Deputy County Clerk signs the original as the issuing authority. The license number is required. Give verbal instructions regarding the use of the license within 90 days, and the return of the public marriage license to Recorder’s Office by the person solemnizing the marriage within 10 days. Hand the license to the couple advising them that it is to be given to the person officiating the marriage ceremony.

54 Groom/Bride Personal Data Items

55 Groom/Bride Personal Data Items Names: Enter legal name e.g., by birth, adoption, marriage, naturalization or court-ordered name change. No nicknames or abbreviations. If the individual wants the record to reflect additional names, an Affidavit to Amend a Marriage Record is required. Birthdates: Enter date of birth: format shall be 01/01/2008

56 State/Country of birth: Use the standard two-character state abbreviation. Spell out or use appropriate abbreviation for a foreign country. If it is known that the applicant was born in a foreign country or on the high seas, but the name of the country is unknown, enter “Foreign, Unknown.” If it is known that the applicant was born in the U.S.A., but the state is unknown, enter “U.S.A., Unknown.” If no information is available, enter “Unknown.” # of previous number of marriages/SRDP Last marriage/Term SRDP ended by: One of the boxes must be checked Previous # of marriages is 0 the N/A box must be checked Date ended: If previous marriages are 0 enter a dash

57 Residence—Street Address: Effective 01/01/2007 SB 1364 (P.O. Box/ Business address) If either of the applicants for or any witness to, a certificate of registry of marriage and a marriage license requests, the certificate of registry and the marriage license shall show the business address or United States Postal Service post office box for that applicant or witness instead of the residential address of that person. Note: If the applicant “lives” in an institution, e.g., prison, enter The address of the individual’s usual and customary permanent residence (e.g., the place where he/she lived prior to being institutionalized. Institutions are not considered permanent Residences).

58 City State/Country Use the standard two-character state abbreviation. Zip Code A minimum of five digits must be entered. If outside the U.S. with no zip code enter a dash. Do not leave blank. Full birth name of father/parent State of birth (Outside the U.S. enter Country) (Same as instruction above) Full birth name of mother/parent State of birth (Outside the U.S. enter Country) (Same as instruction above)

59 Format for entering dates Use two digits for the month followed by a /, two digits for the day followed by a /, and use four digits for the century and year. Where incomplete dates are acceptable the entry is to be made as: e.g., 01/--/1992, --/05/2000.

60 Issuing the marriage license: Present the completed license to the applicants for verification of information. If any errors are found, correct and reprint at this time. Affidavit of Bride and Groom The oath is given to bride and groom according to your Counties policy. Accept the applicants’ normal or usual customary signatures on these forms. Marriages that are entered into pursuant to Family Code 420(b) attorney-in-fact. Deputy County Clerk signs the original as the issuing authority. Give verbal instructions regarding the use of the license within 90 days, and the return of the public marriage license to Recorder’s Office by the person solemnizing the marriage within 10 days. Give the license to the couple advising them that it is to be given to the person officiating the marriage ceremony.

61 Signatures that are made with a mark (X): Any signature made with a mark (X) must be identified with the statement. “His mark,” or “Her mark,” and followed by the written signature of one person who witnessed the signing. The official issuing the license may sign as the witness. The typed name of the witness must be included. After the completed certificate has been recorded, do not attach the signature and statement to the license when submitting to the OVR (October 1985 Newsletter). Example: 23. Signature of Groom > “X” “His Mark” Witness: Jane Doe Attorney-in-fact signature: 24. Signature of Groom > John Alan Smith, by: Joseph Brown, AIF Attorney-in-fact signatures: The attorney-in fact (AIF) must sign on behalf of the party who is stationed over seas. Example:

62 Marriage Ceremony (Who is required to be present?)

63 Marriage Ceremony (Who is required to be present)  The marriage license must be reviewed by the marriage Officiant prior to solemnizing the marriage. Any person who solemnizes a marriage without first reviewing the license is guilty of a misdemeanor (Penal Code, Section 360).  A public marriage (VS117) in California requires a minimum of four people: an unmarried male, an unmarried female, a person solemnizing the marriage, and at least one witness (Family Code, Section 420).  A declaration of marriage (VS 116) requires the signature of both the husband and wife, and two witnesses to the marriage being declared.  A denomination which does not have clergy marriage (VS 115) requires an unmarried male, an unmarried female, and two witnesses.  A confidential marriage (VS 123) requires an unmarried male, an unmarried female, a person solemnizing the marriage, and no witnesses.

64 Commissioner for One-Day

65 Family Code, Section: 401(a) For each county, the county clerk is designated as a commissioner of civil marriages. (b) The commissioner of civil marriages may appoint deputy commissioners of civil marriages who may solemnize marriages under the direction of the commissioner of civil marriages and shall perform other duties directed by the commissioner. Penal Code, Section: 70.5 Every commissioner of civil marriages or every deputy commissioner of civil marriages who accepts any money or other thing of value for performing any marriage pursuant to Section 401 of the Family Code, including any money or thing of value voluntarily tendered by the persons about to be married or who have been married by the commissioner of civil marriages or deputy commissioner of civil marriages, other than a fee expressly imposed by law for performance of a marriage, whether the acceptance occurs before o rafter performance of the marriage and whether or not performance of the marriage is conditioned on the giving of such money or the thing of value by the persons being married, is guilty of a misdemeanor. It is not a necessary element of the offense described by this section that the acceptance of the money or other thing of value be committed with intent to commit extortion or with other criminal intent. This section does not apply to the request or acceptance by any retired commissioner of civil marriages of a fee for the performance of a marriage. This section is inapplicable to the acceptance of a fee for the performance of a marriage on Saturday, Sunday, or a legal holiday.

66 Confidential Marriages

67 Confidential Marriage Licenses Issued to Notaries Family Code, Section 504, provides that a confidential marriage license issued by the County Clerk to a notary public shall be valid for a period of 90 days after its issuance by the County Clerk and may only be used in the county in which it was issued. The notary must point out the “date expires after” to the couple and inform them that this is the last day on which the license may be used. The notary public is to be informed that she/he will not be refunded for any marriage licenses which will expire before they can be used by parties to the marriage. For a notary to perform the marriage, she/he must be one of the persons authorized under Family Code, Section 400, e.g., priest, minister, or rabbi.

68 AUTHORIZED NOTARIES Increase in the fee to file an application and a renewal from $175. to $300. Increase in the fee to file an application and a renewal from $175. to $300. No approval, or renewal of approval shall be granted unless the notary public shows evidence of successful completion of a course of instruction concerning the issuance of confidential marriage licenses that was conducted by the County Clerk in the county of registration [FC 532]. No approval, or renewal of approval shall be granted unless the notary public shows evidence of successful completion of a course of instruction concerning the issuance of confidential marriage licenses that was conducted by the County Clerk in the county of registration [FC 532].

69 AUTHORIZED NOTARIES con’t Extends the course of instruction to a maximum of six hours [FC 532]. Extends the course of instruction to a maximum of six hours [FC 532]. Suggests that you contact your County Counsel for guidance as to whether or not GC 8224(a) prohibits the notary public who has acknowledged the signature of the bride and groom from also being the person solemnizing this marriage. Suggests that you contact your County Counsel for guidance as to whether or not GC 8224(a) prohibits the notary public who has acknowledged the signature of the bride and groom from also being the person solemnizing this marriage. GC A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction. GC A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction.

70 AUTHORIZED NOTARIES con’t A provision was added requiring the County Clerk to notify the Secretary of State for whatever action the SOS deems appropriate if it is discovered the notary public has engaged in any of the acts specified in GC (covers the reasons why the SOS may refuse to appoint, revoke or suspend a notary) A provision was added requiring the County Clerk to notify the Secretary of State for whatever action the SOS deems appropriate if it is discovered the notary public has engaged in any of the acts specified in GC (covers the reasons why the SOS may refuse to appoint, revoke or suspend a notary) Requires the County Clerk retain any fees paid by the notary public when the approval to issue confidential marriage licenses is revoked, or when the County Clerk places the authorized notary on probation or suspension [FC 535]. Requires the County Clerk retain any fees paid by the notary public when the approval to issue confidential marriage licenses is revoked, or when the County Clerk places the authorized notary on probation or suspension [FC 535].

71 DUPLICATE LICENSES If a marriage license is lost, damaged, or destroyed after the ceremony, but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder, the person solemnizing the marriage, in order to comply with Section 359, 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 [FC 360, 510]. If a marriage license is lost, damaged, or destroyed after the ceremony, but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder, the person solemnizing the marriage, in order to comply with Section 359, 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 [FC 360, 510]. The duplicate license may only be issued within one year of the issuance date on the original license, and must be registered within one year of the issuance date shown on the original license. NOTE: The issuance date on the duplicate license will be the same as the issuance date on the original license, just be sure it’s registered prior to one year of the date shown in Box 25A on the marriage license. The duplicate license may only be issued within one year of the issuance date on the original license, and must be registered within one year of the issuance date shown on the original license. NOTE: The issuance date on the duplicate license will be the same as the issuance date on the original license, just be sure it’s registered prior to one year of the date shown in Box 25A on the marriage license. The County Clerk may charge a fee to cover the actual cost of issuing a duplicate marriage license. The County Clerk may charge a fee to cover the actual cost of issuing a duplicate marriage license.

72 Procedures Upon presentation of an affidavit by the Officiant setting forth all the facts and payment is accepted, a duplicate certificate of marriage may be issued to the person who solemnized the marriage when the original certificate has been lost, destroyed, or is unacceptable for registration, e.g., registered in wrong county, illegible, whiteout, erasures, etc. The affidavit is to be filed with the County Clerk of the county in which the license was issued. When the affidavit is completed and signed, type the duplicate certificate from the facts set forth. Type “DUPLICATE” at the top of the certificate directly above the title of the form. Signatures

73 The only signature required is that of the person who solemnized the marriage. If present at the time of issuance, the bride, groom, and witness may sign the duplicate certificate. However when the bride, groom, and witness are not present, their names are to be typed as follows: Example: 23 Signature of Groom/Husband 24 Signature of Bride/Wife > /s/ Julio Iglesias > /s/ Maria Aguilera NOTE: The witness’ name is to be entered in the same manner in the appropriate space.

74 Special Circumstances In the event that the husband or wife is deceased, a duplicate certificate of marriage may be issued to the person who solemnized the marriage, on behalf of the surviving spouse, within one year from the date the license was issued. If more than one year has passed, a Court Order Delayed Certificate of Marriage (VS 122) will be required to record the event. If both the husband and wife are deceased, a VS 122 if required to record the marriage. When a duplicate certificate is required and the person who solemnized the marriage is deceased, a VS 122 is required.

75 Replacement Licenses If a marriage license is lost, damaged or destroyed before a marriage ceremony takes place, the applicants must purchase a new marriage license and the old license shall be void [FC 360]. If a marriage license is lost, damaged or destroyed before a marriage ceremony takes place, the applicants must purchase a new marriage license and the old license shall be void [FC 360].

76 Copies of Confidential Marriages Copies may be obtained only by a party to the marriage, or by order of the Superior Court. Either party to the confidential marriage (husband or wife) may obtain a certified copy from the County Clerk of the county in which the certificate was filed, by doing one of the following: Submitting the application that was provided at the time of the issuance of the marriage license along with the required fee; this request form is for the convenience of the husband and wife to obtain certified copies by mail. It may be utilized at any time after the ceremony and need not be notarized. Appearing in person, paying the fee, and providing proper identification to the County Clerk where the certificate is filed.

77 A new provision was added that a party to the marriage can either mail or fax their written request for a certified copy of their confidential marriage certificate to the County Clerk provided their signature has been acknowledged by a notary public or county clerk in the party’s county of residence [FC 509]. NOTE: These request will be handled similar to birth, death requests received through Vitalchek A new provision was added that a party to the marriage can either mail or fax their written request for a certified copy of their confidential marriage certificate to the County Clerk provided their signature has been acknowledged by a notary public or county clerk in the party’s county of residence [FC 509]. NOTE: These request will be handled similar to birth, death requests received through Vitalchek Copies of Confidential Marriages

78 Persons other than a party to the marriage may receive a written acknowledgement that a marriage took place. The written acknowledgment must be certified and may be presented on letterhead or on a form developed by the County Clerk. Upon receipt of the current fee, the County Clerk may conduct a search for a confidential marriage certificate for the purpose of confirming the existence of a marriage; however, the date of the marriage and any other information contained in the certificate shall not be disclosed except upon court order. If no record is found, the fee is retained and the requester may be issued a Certification of No Record/ Certificate of Record. The following samples can be adapted for local use.

79 This concludes this session of the Vitals/County Clerk Workshop County Clerk Issuance of Marriage Licenses


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