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Q. Does the County Clerk's office close during the lunch hour?
A. The County Clerk's office remains open during the lunch hour. Our office is open for processing Monday-Friday from 8:00 a.m. to 4:00 p.m. except for legal holidays.
MARRIAGE LICENSES & CEREMONIES
Q. Do I still need blood tests in order to get a marriage license?
A. No. The blood test requirement was eliminated in January 1995.
Q. How do I get my personal name changed?
A. If the change is on the last name due to a marriage, you will need to present a certified copy of your marriage license to DMV and the Social Security office. Any other type of name change is handled through the Superior Court at 400 McAllister St.
Q. How do I get a copy of my divorce papers?
A. Everything related to divorce is handled by the Superior Court. Your divorce records are kept in the county in which you filed the divorce. The San Francisco Superior Court is located at 400 McAllister St. (corner of Polk & McAllister)
Q. How do I schedule an appointment to get married at the S.F. County Clerk's office?
A. There are several way to scheduling a civil ceremony with our office (Click Here ) for the information on that subject.
Q. Can one of your staff serve as a witness for our wedding ceremony?
A. No. The County Clerk's staff will not serve as a witness for anybody and it is your responsibility to provide your own witness.
Q. How do I obtain a marriage license?
A. Marriage licenses are issued by appointment only. Appointments are available on-line at "Online Marriage License Reservations." We allow bookings up to 90 days in advance.
Q. What is the fee for a marriage license?
A. The fee for a marriage license is $93 and must be paid during the on-line marriage license appointment procedure.
Q. Do I still need to make an appointment for a marriage license even if I am not choosing to get married through your office?
A. Yes, appointments are required for anyone wishing to obtain a marriage license.
Q. I have already made travel plans, is there a "wait in line" option?
A. There is no waiting list option and the "appointment only" policy is strongly enforced. You are strongly advised to secure a confirmed marriage license appointment prior to making any travel or other related arrangements.
Q. I have an appointment for a marriage license; do I need a separate appointment if I want your office to perform the ceremony?
A. Yes, a separate appointment MUST be scheduled. You may schedule one through our website at Online Marriage Ceremony Reservation link. It is strongly advisable that you check availability on this link first prior to making your marriage license appointment should you want it to occur on the same day.
Q. I have a friend/relative whom I like to have perform the ceremony, is this possible?
A. Yes, please visit our website One Day Deputization to view the requirements and restrictions.
Q. What is the difference between a PUBLIC and a CONFIDENTIAL marriage license?
A. A public marriage license is a public marriage record. It allows you to have the ceremony anywhere within the State of California and you must have at least one witness during the ceremony.
A confidential marriage license requires both Party A and Party B to be living together already prior to obtaining the license. The ceremony must take place in the county where the license was issued and no witness are required during the ceremony. The marriage record is only available to the named parties.
Although both types of marriage licenses are legal, there are differences in the manner in which certified copies can be obtained. Given that the confidential marriage license is only available to the married spouses, the manner in which certified copies of a confidential marriage license can be obtained is much more restrictive. You may visit our website under, Certified Copies of Marriage Licenses for more information.
Q. Do I need a birth certificate in order to obtain my marriage license?
A. A certified copy of your birth certificate would be required only IF the legal picture ID you present to our staff does NOT include your FULL legal name. For instance, if your legal picture ID only reflects a middle initial rather than your full middle name, then we would need to see a certified copy of your birth certificate, passport or social security card showing the full middle name. Please visit the following link for information on the requirements for obtaining a marriage license through our office. Requirements for a Marriage License.
Q. We are not U.S. citizens and wish to marry in San Francisco during our vacation. Is this possible?
A. Yes. It is important that you visit our website and go to the following link Requirements for a Marriage License so that you know the requirements for obtaining a marriage license through our office. The requirements are the same whether you are a U.S. citizen or a visitor. There are no additional requirements for you to follow. However, it may be important for you to know that you will not be able to obtain a CERTIFIED copy of your marriage record ($13.00 each) until 10 business days for a confidential marriage certificate and 4-6 weeks for a public marriage certificate after the license is returned back from the person who performs your ceremony. Therefore, it is best that you schedule your appointment for obtaining your license and then make arrangements to have your ceremony in the earlier stages of your vacation so that you can have time to get the certified copy or you may request the certified copy by mail. It is also important for you to check with your country what you may need to have the marriage accepted in your country. Most countries require the certified copy to be “apostilled” through the Secretary of State’s Office. If this is the case, then once you have obtained the certified copy, you can simply go to the California Secretary of State’s Office, which is located within walking distance from City Hall, and obtain the apostille. You will need to check with that office for hours and fees.
Q. I am getting married and my fiancée is not a U.S. citizen. Are there any special requirements I will need to follow?
A. No. It is important that you visit our website and go to the following link Requirements for a Marriage License so that you know the requirements for obtaining a marriage license through our office. The requirements are the same whether you or your fiancée are U.S. citizens. There are no additional requirements for you to follow. However, it may be important for you to know that you will not be able to obtain a CERTIFIED copy of your marriage record ($13.00 each) until 10 business days for a confidential marriage certificate and 4-6 weeks for a public marriage certificate after the license is returned back from the person who performs your ceremony. Therefore, it is best that you schedule your appointment for obtaining your license and then make arrangements to have your ceremony in the earlier stages of your vacation so that you can have time to get the certified copy or you may request the certified copy by mail. If you are going to want to have the marriage recognized in your fiancee’s country of origin, then it is also important for you to check with that country’s appropriate governmental agencies to see what you may need to have the marriage accepted in that country. Most countries require the certified copy to be “apostilled” through the Secretary of State’s Office. If this is the case, then once you have obtained the certified copy, you can simply go to the California Secretary of State’s Office, which is located within walking distance from City Hall, and obtain the apostille. You will need to check with that office for hours and fees. Our office does not deal with immigration issues so any questions pertaining to the steps necessary in order to have your fiancée legally stay in the country would need to be addressed directly with the Department of Homeland Security.
Q. Do I need to have a ceremony or can we just obtain a marriage license?
A. California law does require an unmarried man and unmarried woman to obtain a California issues marriage license and then have a ceremony in the county where the license was issued (if confidential) or anywhere in the State of California (if public). The ceremony must be performed within 90 days from the date the license was issued by a person who is authorized by law to solemnize marriages in California. You may find the listing of who is authorized to solemnize marriage in the California Family code section 400.
Q. Do I have to have my ceremony at City Hall?
A. No. You may have the ceremony elsewhere but the location will depend on the type of marriage license you have obtained. If the license is PUBLIC, then you can have your ceremony anywhere within the State of California. If the license is CONFIDENTIAL, then you must have the ceremony in the same county where the license was issued. The ceremony must be performed within 90 days from when the license was issued by a person who is authorized to solemnize marriages in California. You may refer to California Family Code section 400 for more information on who is allowed to solemnize marriages in California .
Q. How many people may we bring to our wedding?
A. There is a restriction of no more than 6 people to a party. This number includes your witnesses or a photographer.
Q. Are witnesses required for the ceremony?
A. If you are obtaining a PUBLIC marriage license, then you would be required to have 1 witness during the ceremony. If getting married at City Hall, we will not provide witnesses for you and it will be your responsibility to provide your own witness. If you are obtaining a CONFIDENTIAL marriage license, then you would NOT need any witnesses.
Q. May I bring a professional photographer to my ceremony?
A. Yes. You may bring a professional photographer. However, please keep in mind that each ceremony is only allotted a maximum of 10 minutes and there are other couples getting married immediately before or after your ceremony time. Therefore your photographer cannot set up or stay to take pictures after the ceremony as the area would need to be cleared for the next ceremony.
Q. I am getting married in another county but live in San Francisco. Can I still obtain the marriage license in San Francisco?
A. As long as you are opting for a PUBLIC marriage license, you can obtain the license in any county within California and then have your ceremony in any county within California; however, the marriage record will be maintained in the county where the license was issued. If you are opting for the CONFIDENTIAL marriage license, then you MUST obtain the license in the county where you are going to have your ceremony.
Q. How do I go about changing my name after marriage?
A. Your name does not automatically change to take on your spouse’s last name once the ceremony is performed. You would need to obtain a certified copy of the marriage license and then go to Social Security Office and DMV to request for a name change due to marriage. They will require you to present the certified copy of the marriage license at that time. Once you have changed it with those two agencies, you may change it with everyone else (i.e. passport agency, employer, banks, credit cards). It is important to note that the marriage record will not change as it must always remain with the name of the applicants at the time of the marriage license application.
Q. I recently got married and I still have not received a certified copy of my marriage license.
A. You would not receive a certified copy of your marriage license automatically. When you obtained the marriage license, you would have been given a small request form, which you could then submit, 10 days AFTER your ceremony, to the address on your request form along with the $13.00 per copy fee and a self-addressed stamped envelope. If you no longer have the request form and wish to purchase a certified copy of your marriage, please visit the following link Certified Copies of Marriage Licenses.
Q. How do I obtain a certified copy of my marriage license?
A. Please visit the following link for information on this matter Certified Copies of Marriage Licenses.
DOMESTIC PARTNERSHIP
Q. Do we have to register our domestic partnership with the City and County of San Francisco?
A. You would receive additional benefits registering your domestic partnership with the City and County of San Francisco if:
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You are an opposite-sex couple (under the age of 62)
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You are a City and County of San Francisco employee.
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You wish to have a commitment ceremony performed through our office.
If you do not qualify under any of the above-mentioned conditions, you really do not gain any benefit in registering your domestic partnership through the City and County of San Francisco and would gain many more benefits by opting to register your partnership through the State of California.
Q. What is the difference between registering my domestic partnership with the City and County of San Francisco vs. the State of California.
A. The domestic partnership registration available through the City andCounty of San Francisco is a basic living agreement whereby the couple is agreeing to provide food and shelter for each other. It is required for employees of the City and County of San Francisco to register their partnership through the Office of the County Clerk in order to be able to provide retirement benefits to their partner. It is also required for any couple who wishes to have a commitment ceremony be performed through our office. It is also an option for couples of the opposite sex who are under the age of 62 who do not qualify for the State’s domestic partnership registration guidelines. The California State ’s domestic partnership registration is available to couples of the same-sex or opposite-sex couples where one of the parties is at least 62 years of age. It provides couples with many additional benefits including hospital visitation rights. It is best that you visit the State’s websitewww.ss.ca.gov/dpregistry in order to obtain more information on their registration. Any questions should be addressed directly with them. It is important to note that ending a partnership under a State registered partnership is more difficult and, depending on the couples circumstances, may require the couple to go through a court proceeding in order to end the partnership.
Q. I need to end my domestic partnership registration. Do I need to come in person to do that?
A. If you have filed your original domestic partnership through our office, you can download the form available through our website at www.sfgov.org/countyclerk. Complete and sign the form and be sure to have indicated the date and address of when and where you have mailed the copy of the form to your former partner. If you would like to receive a copy back of the filed statement, you can either send $0.10 for a “plain” copy or $8.00 for a “certified” copy in addition to a self-addressed stamped envelope. If you chose to file your domestic partnership through a notary, then you must end it through a notary and follow the ending process as indicated through the Administrative Code, Chapter 62 found on our website at www.sfgov.org/site/countyclerk. If you also filed your domestic partnership with the State of California, you would need to contact their office to follow their process for ending the partnership as well.
FICTITIOUS BUSINESS NAME STATEMENTS
Q. Does filing my Fictitious Business Name Statement prevent anyone else from using the name I've chosen?
A. If you are doing business for profit under a name other than your own, the Business & Professions code requires you to file a Fictitious Business Name Statement (FBN) in the County where your principal place of business is located. The County Clerk's office is mandated to keep an index of all FBN's filed at our office. Although our office encourages everyone filing an FBN to search our index first as well as other sources, it is up to the individual to make the decision on the name to be used. Even if someone presents an FBN Statement with an identical name as on our index, our office is mandated to accept the statement. It will then be a legal matter to be disputed between the two individuals using the same fictitious name.
Q. Do I still need to go to the Tax Collector's office if I'm not in business yet and I'm only wanting to file a Fictitious Business Name so that the name I want to use can be added to the index?
A. Yes. Anyone wanting to file a Fictitious Business Name Statement must first go to the Tax Collector's office to register their business and receive an original Temporary Verification of Registration (TVR) form from them. If the Tax Collector's office considers the company exempt from taxes, they will issue a TVR indicating such. The original TVR must then be presented to the County Clerk's office with the Fictitious Business Name Statement for processing.
Q. I have just moved and need to make an address change on my fictitious business name statement, how do I go about doing that?
A. Pursuant to the California Business & Professions code sections 17900 et al, a fictitious business name statement is good for 5 years from the date of filing unless there is a change in the facts of the statement, other than the registrant’s residence address, in which case the statement would expire within 40 days from the date of the change of facts. Since the business address is the one changing, you would first be required to update your business tax registration certificate with the Treasurer-Tax Collector’s Office, located at City Hall, Room 140. Then, you would need to file a whole new fictitious business name statement, pay the appropriate fees indicated on the top left-hand side of the form, and follow the publication requirements once again.
Q. I missed the 30-day publication deadline. Can I apply for an extension?
A. No. Unfortunately, the California Business & Professions code section 17917, required the statement to be published within 30 days from the date it was filed with our office. There are no provisions within the law to allow for an extension. Therefore, you would be required to file a whole new fictitious business name statement, pay the appropriate fees, and then follow the publication requirements on the newly filed statement.
Q. If I’m renewing my fictitious business name statement, do I have to do anything?
A. Yes. Even if there are no changes to the information provided to our office on your previous statement, you would be required to file a whole new fictitious business name statement and pay the fees indicated on the top left-hand corner of the form. If the information is EXACTLY the same as the information provided on the last statement and you have not allowed it to expire more than 40 days, then you would NOT need to follow the publication requirements. If there are any changes to the form whatsoever, then you would have to follow the publication requirements once again. For information on the publication requirements, you may click on the following link, Instruction Requirements on Publishing FBN Filings.
DISSOLUTION OF MARRIAGES
Q. I need to get divorced. What do I need to do?
A. Divorce matters are handled by the Superior Court and the County Clerk ’s Office is not associated with the courts so you must contact the courts directly. Their website is www.sfgov.org/courts where you are provided with phone numbers to their various divisions or you can try their customer service number at (415) 551-3802. They do not have e-mail access. You can also write to them at: Superior Court, 400 McAllister Street, San Francisco, CA 94102 .
BIRTH AND DEATH CERTIFICATES
Q. How do I get a copy of my birth certificate or a copy of a death certificate?
A. Copies of birth/death certificates for birth/death which took place in San Francisco are issued by the SF Dept of Public Health located at 101 Grove St. Please be sure to contact them at 415-554-2700 for proper fees and office hours. If your birth occurred somewhere other than San Francisco, you may contact the Secretary of State's, Vital Statistic's Division in Sacramento.
WILLS (PROBATE DIVISION)
Q. Where do I find a copy of a will that have been filed?
A. If a will has been filed, it is done through the Superior Court’s, Probate Division. The County Clerk ’s Office is not associated with the courts so you would need to contact the courts directly. Their website is www.sfgov.org/courts where you are provided with phone numbers to their various divisions or you can try their customer service number at (415) 551-3802. They do not have e-mail access. You can also write to them at: Superior Court, 400 McAllister Street, San Francisco, CA 94102 .
LIENS, JUDGMENTS, DEEDS
Q. I have a Tax Lien or Judgment showing on my credit report. How do I find obtain a copy of this record?
A. The Office of the County Clerk does not deal with any matters pertaining to liens or judgments. These are recorded through the Assessor-Recorder’s Office. You can visit their office’s website at www.sfgov.org/assessor or contact them via e-mail for additional questions at assessor@sfgov.org
Q. I need to have a deed recorded. How much is the fee for that service?
A. The Office of the County Clerk does not deal with any matters pertaining to property matters. Deeds are recorded through the Assessor-Recorder’s Office. You can visit their office’s website at www.sfgov.org/assessor or contact them via e-mail for additional questions at assessor@sfgov.org
1 Dr. Carlton B. Goodlett Pl., City Hall #168 SF CA 94102-4678 - Map Directions
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