For couples getting married in the United States, the first step you will need to take is to get a marriage license. The requirements for obtaining a license differ from state to state, but one common among them is the need for the couple to have witnesses. However, some people may want to keep their union private, making them opt for a confidential marriage.
A confidential marriage allows two people of legal age to be married without witnesses. “One of the upsides of a confidential marriage is that the marriage is not part of public record, making it impossible for anyone to look it up,” says Charles D. Jamieson. Marriages are public records; people can search for such records to know when the marriage occurred, but the records are unavailable to the public with a confidential marriage.
A confidential marriage is an option that is only available in California. Michigan offers couples the option of having a secret marriage. It is not the same as confidential marriage, as a judge must seal the court file in a secret marriage. Are you in a confidential marriage, and are you considering getting a divorce? In that case, it is ideal to speak with a competent divorce attorney who will provide the needed guidance to get a successful divorce.
Confidential Marriage License Vs. Public Marriage License
Confidential marriage licenses are not part of public records. However, that does not make them any less binding than a public marriage license. According to the California Family Code, the court clerk can issue a confidential marriage license to couples. To access the records, one will need to provide a court order issued by a court of competent jurisdiction.
Public marriage licenses, however, require the couple to present a specified number of witnesses while applying for it. The required number of witnesses varies from state to state. A public marriage will have the following information available to anyone who looks it up:
- The date the marriage was conducted
- The full names of the couple, as well as their date of birth
- The full name of the couple’s parents
- Records of any previous marriages that the couple has had
Although confidential marriages were introduced in California as an alternative for cohabitating couples to be legally married, it has recently gained a larger acceptance. According to estimates, one out of every five marriage licenses issued in California in 2012 was a confidential one.
Requirements Before Being Issued a Confidential Marriage License
The following are the criteria that a couple will have to meet before they can be issued a marriage license:
- The parties applying for a confidential marriage license must be 18 years old. The law prohibits minors from purchasing this type of marriage license.
- The parties are not required to present a witness before purchasing the license.
- The parties are required to get married in California. However, the parties do not have to marry in the county where they purchased the confidential marriage license. Also, they will be required to file the license in the county it was purchased.
- The parties must attest that they have been living together as spouses when applying for the license. They will have to sign an affidavit to that effect.
The marriage record is then registered at the county clerk’s office, where it was purchased. It is only available to the couple, who will be required to present picture evidence and the necessary fees to validate their claims.
Why Couples Get a Confidential Marriage
People get a confidential marriage for different reasons. Some of the reasons include the following:
#1. The Need to Keep the Marriage Private
Privacy is one of the apparent reasons why people would opt for a confidential marriage. This type of marriage restricts access to marriage records from the public, making it easy to keep the details of one’s marriage away from the public eye. Access is only granted to persons who have authorization from the court to access such records.
#2. Confidential Marriages Do Not Require Witnesses
Some parties want to legalize their union without having to involve so many witnesses. In that case, they go for a confidential marriage which offers them the privacy they require and less legwork.
#3. Processing is Easy
A confidential marriage license is provided on the spot without requiring the parties to undergo a rigorous process. Once the parties have all the requirements, they can immediately walk away with their license. This helps to cut through the bureaucratic line and get marriage legalized faster.
#4. Freedom from Stalkers and Telemarketers
Privacy breaches are common with people’s information used by telemarketers and stalkers. A confidential marriage has provided a viable alternative for people to escape data leaks regarding details about their marriage. The records are not available to the public; therefore, they can not be accessed by random individuals and used for malicious purposes.
Disadvantages of Confidential Marriage
Before 2015, confidential marriage licenses could only be used in the county where it was issued. This was a significant downside for couples getting one at that time. However, an update has been made to the requirement for couples to use the license in any county.
The couple must be living together when applying for this type of license and will need to validate the claim by signing an affidavit. This can become a hurdle for parties that are not living together. Additionally, this type of marriage license is not available to parties under 18, even if their parents or guardians consent.
Does a Confidential Marriage Have An Effect on Legal Separation and Divorce?
A confidential marriage does not affect the process of getting a legal separation or divorce. The exact requirement for divorce when the marriage is public is the same for a confidential marriage.
The parties will have to file for divorce to begin this process. Before filing, it is ideal to seek the opinion of an experienced divorce lawyer who would look at the peculiarities of your case and advise you accordingly.
Conclusion
A confidential marriage allows couples to keep their marriage records away from the public eye. It, however, is not so different from a public marriage and does not affect legal separation and divorce proceedings.