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California Code, Family Code - FAM § 426

Current as of January 01, 2023 | Updated by FindLaw Staff

<For Executive Order N-58-20 (2019 CA EO 58-20), which temporarily authorizes people to obtain marriage licenses and solemnize their marriages by videoconference, due to the COVID-19 pandemic, see Historical and Statutory Notes under Family Code § 359.><For Executive Order N-71-20 (2019 CA EO 71-20), which extends certain provisions of Executive Order N-58-20, due to the COVID-19 pandemic, see Historical and Statutory Notes under Education Code § 41422.>

If for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person before the county clerk, a marriage license may be issued by the county clerk to the person solemnizing the marriage if the following requirements are met:

(a) The person solemnizing the marriage physically presents an affidavit to the county clerk explaining the reason for the inability to appear.

(b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by both parties.

(c) The signature of any party to be married who is unable to appear in person before the county clerk is authenticated by a notary public or a court prior to the county clerk issuing the marriage license.

(d) Sufficient reason includes proof of hospitalization, incarceration, or any other reason proved to the satisfaction of the county clerk.

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Cite this article: FindLaw.com - California Code, Family Code - FAM § 426 - last updated January 01, 2023 | https://codes.findlaw.com/ca/family-code/fam-sect-426/

Read this complete California Code, Family Code - FAM § 426 on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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