What Is a Proxy Marriage?
A proxy marriage is a unique type of marriage where one or both parties are absent during the ceremony, and a designated person, known as a proxy, stands in on their behalf. While proxy marriages are not typically legal in California, there is an exception for members of the Armed Forces who are stationed overseas or serving in active conflict.
This blog addresses the marriage requirements in California and the exceptions under which proxy marriage is allowed, written by our experienced divorce attorneys in Los Angeles to provide clear guidance on the subject.
Requirements for Obtaining a Marriage License in Los Angeles County, CA
Getting married is exciting. However, a couple needs to do more than agree to get married. The parties must meet specific requirements for a valid, legal marriage in California. One of the first steps is to obtain a marriage license. A couple must obtain a marriage license for the marriage to be legal. The requirements for a marriage license in Los Angeles County are:
- Parties must be unmarried;
- If a party received a divorce within the last two years, they must have proof of the dissolution of the marriage;
- If a party entered a State Registered Domestic Partnership, they must submit proof they terminated their partnership if the termination occurred within the past two years;
- Provide a copy of a State Registered Domestic Partnership if the parties are marrying their domestic partner;
- Parties must be 18 years old or have parental consent and a court order; and,
- Both parties must appear together to file proof of their ages and identities.
A health certificate and blood test are not required to obtain a marriage license. There is no citizenship or residence status requirement.
Requirement for Solemnization of Marriage in California
After obtaining a marriage license, the couple must have a marriage ceremony or solemnization of marriage. Solemnization of marriage is the performance of a marriage ceremony before someone authorized by law to marry the couple. California Family Code §420 requires that a couple declare in the presence of the person solemnizing the marriage and the witnesses that they take each other as spouses.
The law does not require couples to have a specific marriage ceremony. However, it does require the couple to appear in person to declare their intent to marry each other.
Therefore, a marriage can occur anywhere before anyone is authorized to marry people in California as long as both parties are present. The parties can use any words they wish to use as long as they clearly state they want to take each other as spouses. The critical element is that they are physically present.
When is Proxy Marriage Allowed?
A proxy marriage allows one or both parties to be absent during the marriage ceremony while a designated person, called a proxy, stands in for them. A proxy marriage is not legal or recognized in California, with one exception. A proxy marriage occurs when one party appoints someone to stand in for them during the wedding ceremony. California makes an exception for proxy marriages when one party is a member of the Armed Forces. They must be:
- Stationed overseas;
- Serving in an armed conflict; and,
- Unable to appear for the marriage ceremony because of their service.
The law allows the service member to sign a power of attorney appointing an attorney in fact to act in their place. The attorney in fact and the party not stationed overseas must appear at the county clerk’s office to present the original power of attorney.
A power of attorney must be signed by the service member before a notary public or witnessed by two officers of the United States Armed Forces. The sole purpose of authorizing the attorney in fact is to obtain a marriage license and represent the service member in the solemnization of the marriage.
Is the Divorce Process Different for a Proxy Marriage in California?
When the spouses follow the requirements, a proxy marriage is as legal and valid as a marriage where both parties are present at the wedding ceremony. The California divorce process for a proxy marriage would be the same as other marriages. Because California is a no-fault divorce state, one spouse files a divorce petition seeking a dissolution of marriage on the grounds of irreconcilable differences.
However, if a spouse is still in the military, some issues may arise that are unique to a military divorce. Issues in a military divorce include, but are not limited to:
- The jurisdiction for the divorce case
- Child custody arrangements when a parent is deployed or stationed in another location
- Property division
- How to calculate spousal support and child support
- The non-military spouse’s right to military retirement and pensions
- How the Soldiers and Sailors Civil Relief Act could impact the timing of the divorce if the spouse is on active duty
An experienced military divorce lawyer can answer questions about military divorce and help you address issues that are not common in other divorce cases.
Contact a Los Angeles Family Lawyer Today
If you have questions about marriage and divorce in California, call Berenji & Associates Divorce Lawyers for a consultation with a Los Angeles divorce lawyer. Our legal team has extensive experience in divorce and family law.
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586