Do Both Partners Need to Be Present to Get a Marriage License?
When planning a wedding—especially a fast or same-day wedding—many couples ask: “Do both partners need to be physically present to get a marriage license?” The answer depends on the state, the type of marriage license, and whether you’re using services like those offered by Get Married Today that make the process faster and easier, including mobile marriage license issuance in California.
In this comprehensive guide, we explain when both parties need to be present, the exceptions, how same-day marriages work, and what to do if one party is unavailable due to military deployment, incarceration, immigration status, or medical emergencies.
Table of Contents
- Why Most States Require Both Parties Present
- California’s Marriage License Rules
- Confidential vs. Public Marriage Licenses
- What If One Person Can’t Be There?
- Using a Deputy Commissioner for Civil Marriages
- Can You Use a Power of Attorney?
- Military Couples: Solutions We Offer
- Hospital, Jail, and Emergency Weddings
- Proxy Marriages in the U.S.
- Get Married Today: We Issue the License and Perform the Ceremony
- Documents You’ll Need
- Can I Get Married Without an ID?
- Same-Day Legal Marriages: Our Process
- Apostille Services for International Couples
- Top FAQs: Only One Partner Present
- Conclusion: Your Fast, Legal Wedding Starts Here
Why Most States Require Both Parties Present
Most U.S. states require both parties to appear in person at the county clerk’s office to apply for a marriage license. The reason is simple: it ensures that both individuals are consenting freely to the union, can verify their identity, and can sign any required documents on the spot.
California Courts Marriage Guide
National Conference of State Legislatures – Marriage Requirements
California’s Marriage License Rules
In California, couples can choose between a Public and Confidential marriage license. While a public license generally requires both parties to go together to the county clerk’s office, a confidential license allows more flexibility.
Here’s what makes California unique: through authorized services like Get Married Today, you can receive mobile marriage license issuance, where we come to you—no court visit required.
Los Angeles County Registrar-Recorder
Orange County Clerk-Recorder
Confidential vs. Public Marriage Licenses
Public Marriage License:
- Requires both parties to be present
- Is a public record
- Can be used anywhere in California
- Must be recorded with the county
Confidential Marriage License:
- Only available to couples already living together
- Both parties must still be present to sign—but Get Married Today can issue it anywhere
- Not public record
- Can only be used within California
California Department of Public Health – Marriage License Types
What If One Person Can’t Be There?
There are options if one partner cannot be physically present due to:
- Military Deployment
- Detention or Incarceration
- Immigration Restrictions
- Medical Emergencies
These situations require special handling, and we regularly help in such cases.
San Diego County Marriage Services
California Military & Veterans Code § 421
Using a Deputy Commissioner for Civil Marriages
A Deputy Commissioner for Civil Marriages, like those at Get Married Today, can:
- Issue your marriage license outside of the county clerk’s office
- Perform the ceremony the same day
- Handle all filing with the County Recorder’s Office
We are authorized in Los Angeles County, Orange County, San Diego County, and beyond.
Get Married Today – Services Overview
LA County Civil Commissioner Info
Can You Use a Power of Attorney?
Most counties do not allow a marriage license application by power of attorney—both parties must be present. However, for proxy marriages (e.g., in military situations), some states like Montana or Colorado allow one or two-party proxy marriage in specific cases.
Montana Proxy Marriage Info
Colorado Judicial Branch Marriage Info
Military Couples: Solutions We Offer
At Get Married Today, we specialize in serving military members, especially those stationed at:
- Camp Pendleton
- Naval Base San Diego
- Twentynine Palms
We help deployed service members marry remotely or at the base gate with quick documentation and legal filing, making sure they qualify for:
- BAH with dependents
- Military spouse ID
- Legal protections
Defense Finance and Accounting Service – Marriage
Get Married Today – Military Marriages
Hospital, Jail, and Emergency Weddings
Can’t leave your hospital room or jail facility? No problem. We offer:
- Emergency hospital bedside marriage services
- Jail weddings coordinated with facility staff
- Same-day mobile license issuance and officiation
CDCR Marriage Requests in Custody
UCI Medical Center Visitor Guidelines
Proxy Marriages in the U.S.
Proxy marriage—where someone else stands in for one or both parties—is not allowed in California, except in extremely limited military-only cases. But other states like Montana allow it.
If your fiancé is overseas, you may consider marrying in a proxy-permitting state and then validating the marriage in California.
U.S. Proxy Marriage Recognition Info
Montana Two-Party Proxy Marriage
Get Married Today: We Issue the License and Perform the Ceremony
Get Married Today offers:
- Same-day marriage license issuance
- Legal wedding ceremony
- All county paperwork handled
- Emergency service to your location (home, hospital, park, or base)
- Apostille certification for international use
Book Now – Get Married Today
California Vital Records Overview
Documents You’ll Need
To apply for a marriage license:
- Valid government-issued ID (passport, driver’s license, military ID)
- If divorced within 90 days, bring a finalized divorce decree
- No blood test required in California
- Both must be at least 18 or bring court approval
USCIS Marriage Evidence Requirements
OC Recorder Marriage Requirements
Can I Get Married Without an ID?
In short, no. You need valid ID. But if your ID is:
- Lost
- Expired
- Foreign-issued
We may still help. We offer notary and identity verification, and work with you to obtain necessary documentation quickly.
CA DMV – Replacing Lost ID
SSA Proof of Identity
Same-Day Legal Marriages: Our Process
Here’s how Get Married Today works:
- Book online at getmarried.today
- We verify your IDs and living arrangement
- We issue a confidential marriage license on the spot
- We perform the legal ceremony immediately
- We file all documents with the County
- You receive your Proof of Marriage, and we order your official certificate
Same-Day Weddings – Learn More
Apostille Services for International Couples
Planning to live abroad? You’ll need your marriage certificate apostilled.
We offer:
- Certified copy ordering
- Fast apostille services for use in Hague Convention countries
- Assistance in multiple languages
California Secretary of State – Apostille
U.S. Department of State Apostille Info
Top FAQs: Only One Partner Present
Q1: Can I apply for a marriage license alone?
In California, both must be present—but services like ours bring the process to you so both partners are present wherever you are.
Q2: Can I get married if my partner is in jail?
Yes, we coordinate with the facility to schedule and perform the legal marriage.
Q3: What if my fiancé is overseas?
You may be eligible for a proxy marriage in a different state. Contact us and we can help coordinate.
Q4: Can a friend or relative stand in for my partner?
Not in California. Proxy marriages are not allowed except in special military circumstances.
Q5: Can Get Married Today help us if we don’t want to go to a government building?
Yes. We handle everything outside the courthouse. Your home, beach, hotel, or hospital—your choice.
Conclusion: Your Fast, Legal Wedding Starts Here
So, do both partners need to be present to get a marriage license? In California, yes—but you don’t have to go to the county clerk’s office. Get Married Today offers everything you need in one place: the marriage license, legal officiant, same-day service, and apostille help. No courthouse. No delays. Just fast, legal love—your way.
Get Married Today. Get married your way.
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Marriage License Requirements – CA
Military Marriage Benefits – DFAS
California Marriage Licenses – LA County