In-Custody Marriage Information - California

Intended Spouse: 
Learn the rules. Each facility has its own rules concerning marriage.  Talk with the chaplain, warden or other appropriate official
1. You will need to obtain an “Inability to Appear” package from the local  County Clerk’s Office.
2. The County Clerk’s Office will require an official “Notice of Incarcerated Individual” (Satisfactory Proof of incarceration)
If for sufficient reason, either or both of the parties to be married are physically unable to appear in person before the county clerk, a confidential marriage license may be issued by the county clerk to the person solemnizing the marriage if: 
⦁     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 , prior to the county clerk issuing the confidential marriage license
3. Contact the prison chaplain, warden or other appropriate official,  who  will make arrangements, during normal facility visiting times, for the inmate to sign an “Affidavit of Inability to Appear and Request for Issuance of a Marriage License” in the presence a notary. 
⦁    Most facilities have a list of approved Notaries ask the litigation coordinator to provide the Notary's information. 
⦁    Some facilities DO not keep an approved Notary List & you can hire any outside Mobile or Traveling Notary to coordinate the appointment . 
4. The intended spouse and Marriage Officiant must go to the County Clerk’s Office to take an oath and receive a marriage license. The Marriage Officiant will need to stand in for inmate during this process.
5. After receiving a marriage license, the intended spouse will need to contact the prison chaplain, warden or other appropriate official of  the facility where the inmate is housed to schedule the marriage ceremony during normal facility visiting times
6. The intended spouse, Marriage Officiant, witness and/or interpreter will be searched upon entering the facility