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Delayed Certificate of Marriage


How to Petition the Court

Disclaimer: This guide is intended as general information only.  Your case may have factors requiring different procedures or forms. If you need further assistance, consult a lawyer.

Click here to download this guide with step-by-step instructions for completing the forms.

CONTENTS 

  • Step-by-Step Instructions
  • Sample Affidavit
  • Sample Petition 

BACKGROUND

If a marriage was never registered, or there is no record of the marriage on file, any "beneficially interested" party can petition the Superior Court for a Court Order Delayed Certificate of Marriage, which is filed with the State Registrar and county recorder just like a regular certificate of marriage.

You must use an original Form VS-122, which can be obtained from the California Department of Public Health or your local county recorder. In addition to the form, you will need to file a petition in court. A sample petition and instructions are included here.

PROCEDURE

Overview

  1. Fill out Form VS-122 ("Order Establishing Fact of Marriage/Court Order Delayed Certificate of Marriage").
  2. Gather documents and affidavits to prove the date and place of the marriage. 
  3. File a Petition in court requesting that the judge sign Form VS-122, along with a $225 filing fee (http://saccourt.ca.gov/fees/docs/fee-schedule.pdf) .
  4. Attend a court hearing, where you will present the court with a completed Form VS-122 and your documents and affidavits. 
  5. After the hearing, request a certified copy of the signed Order from the court clerk. Mail that, along with the bottom half of Form VS-122 and a $20 fee, to the California Office of Vital Records. The form will be processed in approximately three months. 

Step-by-Step Instructions

Step 1. Fill out Form VS-122 ("Order Establishing Fact of Marriage/Court Order Delayed Certificate of Marriage"). You must use an original form from the California Department of Public Health; it cannot be photocopied or downloaded.

Pick up the form from the county recorder's office, or order it from the California Department of Public Health (916-445-2684 or online at https://apps.cdph.ca.gov/AutoForm2/Page/SecureCode.aspx). You must type or write in black ink, with no eraser marks or corrections.

Step 2. Gather evidence that proves the date and place of the marriage. Ask the marriage witnesses (or others with personal knowledge of the date and place of the marriage) to sign affidavits in front of a notary public. Download a customizable affidavit at: http://www.saclaw.org/Uploads/files/Step-by-Step/marriage-affidavit.rtf

Types of evidence that may be useful include:

  • A copy of the marriage certificate.
  • Affidavits from either spouse, the marriage witnesses, relatives or close family friends about the date and place of the marriage.
  • Evidence of entry in family bible, other family books or charts, or similar record.
  • Evidence of statement in church record concerning marriage.   

Step 3. File a petition in court requesting that the judge sign Form VS-122. 

Several California counties have local forms for this (including Yolo (www.yolo.courts.ca.gov/forms/petn%20estb%20marriage%200177.pdf) and Marin (http://www.marincourt.org/data/localforms/CV019.pdf). Sacramento does not. If the county where you file does not have a local form, you will need to type one up on pleading paper. Download a customizable version at:
http://www.saclaw.org/Uploads/files/Step-by-Step/marriage-petition.rtf.

The Petition must include:

  • Place and date of the marriage
  • The reason you are asking to establish the fact of marriage
  • How you will benefit from establishing the fact of marriage.
  • A statement signed by you under penalty of perjury to verify all of the information in your petition.
  • two notarized affidavits confirming the place and date of the marriage or a copy of the marriage certificate, if you have one. Any document not in English must be translated and notarized.

File the Petition in Superior Court in the county where either spouse lives, or where the marriage occurred. In Sacramento County, file it in the Probate Department at the Family Relations Courthouse, 3341 Power Inn Road. You will need the original Petition and at least one copy.

There will be a filing fee for the Petition. Currently the fee is $225. When you file the Petition, the clerk will give you a hearing date between five and 10 days later.

Step 4. Attend the court hearing on the date and time written on your Petition by the clerk.

Bring the completed Order (the top half of VS-122), along with any documents you have that support the date and place of the marriage. When the judge calls your case, walk to the counsel table and give the clerk your completed Order and documents. If satisfied, the judge will sign the Order.   

After the hearing, take the signed order to the Probate Department and file it. While you are there, buy extra, certified copies of your order.

Step 5. Mail in (1) a certified copy of the order, (2) the bottom half of Form VS-122, and (3) a $20 check or money order (payable to "Office of Vital Records"). The mailing address is:

California Office of Vital Records
M.S. 5103
P.O. Box 997410
Sacramento, CA 95899-7410 

You can expect an acknowledgement postcard in about 6-10 weeks. The entire processing time is about 3 months. 

FOR HELP

The Department of Public Health offers a detailed packet on completing this process at http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/CorrectingorAmendingVitalRecords.aspx. If you have questions after reading that, call the Department of Public Health at (916) 557-6078 and leave your name, telephone number, and question. You should receive a return call within 48 hours. 

After the three-month processing time, you can call the Department of Public Health's Customer Service Unit at (916) 445-2684 to check on the status of your request.

FOR MORE INFORMATION

On the Web:

"How to Establish a Fact of Birth, Death and Marriage"
Santa Clara Court's Self-Service Center
http://www.scscourt.org/self_help/probate/probate_facts.shtml

Explains what to do when you do not have proper evidence of a birth, death, or marriage.  

At the Law Library:

California Forms of Pleading and Practice, KFC 1010 .A65 C3 v.32
"Proof of Marriage," Chapter 359.110-114, 359. 270-271
These sections discuss the proceeding to establish record of marriage and related issues, and provide samples of related pleadings.

IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON'T HESITATE TO ASK A REFERENCE LIBRARIAN.   

kf 09/2010