CALIFORNIA FAMILY CODE SECTIONS
 

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Division 1. Preliminary Provisions and Definitions

                 Part 1. Preliminary Provisions

Section 1

Title of Code. This code shall be known as the Family Code.
Section 2 Continuation of existing statutes; construction. A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment, and a reference in a statute to the provision of this code shall be deemed to include a reference to the previously existing provision unless a contrary intent appears.
Section 3 Construction as provision of uniform act. A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be construed to effectuate the general purpose to make uniform the law in those states which enact that provision.
Section 4 Change in code; operative date; application of new law; filings; orders; liability for action taken before operative date. (a) As used in this section:
   (1) "New law" means either of the following, as the case may be:
   (A) The act that enacted this code.
   (B) The act that makes a change in this code, whether effectuated by amendment, addition, or repeal of a provision of this code.
   (2) "Old law" means the applicable law in effect before the operative date of the new law.
   (3) "Operative date" means the operative date of the new law.
   (b) This section governs the application of the new law except to the extent otherwise expressly provided in the new law.
   (c) Subject to the limitations provided in this section, the new law applies on the operative date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operative date, including, but not limited to, commencement of a proceeding, making of an order, or taking of an action.
   (d) If a document or paper is filed before the operative date, the contents, execution, and notice thereof are governed by the old law and not by the new law; but subsequent proceedings taken after the operative date concerning the document or paper, including an objection or response, a hearing, an order, or other matter relating thereto is governed by the new law and not by the old law.
   (e) If an order is made before the operative date, or an action on an order is taken before the operative date, the validity of the order or action is governed by the old law and not by the new law. Nothing in this subdivision precludes proceedings after the operative date to modify an order made, or alter a course of action commenced, before the operative date to the extent proceedings for modification of an order or alteration of a course of action of that type are otherwise provided in the new law.
   (f) No person is liable for an action taken before the operative date that was proper at the time the action was taken, even though the action would be improper if taken on or after the operative date, and the person has no duty, as a result of the enactment of the new law, to take any step to alter the course of action or its consequences.
   (g) If the new law does not apply to a matter that occurred before the operative date, the old law continues to govern the matter notwithstanding its repeal or amendment by the new law.
   (h) If a party shows, and the court determines, that application of a particular provision of the new law or of the old law in the manner required by this section or by the new law would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons in connection with an event that occurred or circumstance that existed before the operative date, the court may, notwithstanding this section or the new law, apply either the new law or the old law to the extent reasonably necessary to mitigate the substantial interference.
Section 5 Construction of headings. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code.
Section 6  Construction of code. Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.
Section 7 References to statutes; application. Whenever a reference is made to a portion of this code or to another law, the reference applies to all amendments and additions regardless of when made.
Section 8 Definitions. Unless otherwise expressly stated:
   (a) "Division" means a division of this code.
   (b) "Part" means a part of the division in which that term occurs.
   (c) "Chapter" means a chapter of the division or part, as the case may be, in which that term occurs.
   (d) "Article" means an article of the chapter in which that term occurs.
   (e) "Section" means a section of this code.
   (f) "Subdivision" means a subdivision of the section in which that term occurs.
   (g) "Paragraph" means a paragraph of the subdivision in which that term occurs.
   (h) "Subparagraph" means a subparagraph of the paragraph in which that term occurs.
Section 9 Present, past, and future tenses. The present tense includes the past and future tenses, and the future, the present.
Section 10 Numbers; singular and plural. The singular number includes the plural, and the plural, the singular.
Section 11 Husband, wife, spouses, and married persons. A reference to "husband" and "wife," "spouses," or "married persons," or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case.
Section 12 Meaning of "shall" and "may". "Shall" is mandatory and "may" is permissive.  "Shall not" and "may not" are prohibitory.
Section 13 Severability. If a provision or clause of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.

                  Part 2. Definitions

Section 50

Applicability of part. Unless the provision or context otherwise requires, the definitions and rules of construction in this part govern the construction of this code.
Section 58 Child for whom support may be ordered. "Child for whom support may be ordered" means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910.
Section 63 Community estate. "Community estate" includes both community property and quasi-community property.
Section 65 Community property. "Community property" is property that is community property under Part 2 (commencing with Section 760) of Division 4.
Section 67 County, "County" includes city and county.
Section 80 Employee benefit plan. "Employee benefit plan" includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P.L. 93-406) (ERISA), as amended.  The term also includes "employee benefit plan" as defined in Section 3 of ERISA (29 U.S.C.A. Sec.  1002(3)).
Section 92 Family support. "Family support" means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support.
Section 95 Income and expense declaration. "Income and expense declaration" means the form for an income and expense declaration in family law matters adopted by the Judicial Council.
Section 100 Judgment; order. "Judgment" and "order" include a decree, as appropriate under the circumstances.
Section 105 Person. "Person" includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.
Section 110 Proceeding. "Proceeding" includes an action.
Section 113 Property. "Property" includes real and personal property and any interest therein.
Section 115 Property declaration. "Property declaration" means the form for a property declaration in family law matters adopted by the Judicial Council.
Section 125 Quasi-community property. "Quasi-community property" means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:
   (a) By either spouse while domiciled elsewhere which would have been community property if the spouse who acquired the property had been domiciled in this state at the time of its acquisition.
   (b) In exchange for real or personal property, wherever situated, which would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.
Section 126 Petitioner. "Petitioner" includes plaintiff, where appropriate.
Section 127 Respondent. "Respondent" includes defendant, where appropriate.
Section 130 Separate property. "Separate property" is property that is separate property under Part 2 (commencing with Section 760) of Division 4.
Section 142 Spousal support. "Spousal support" means support of the spouse of the obligor.
Section 145 State. "State" means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States.
Section 150 Support. "Support" refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402.  It also includes past due support or arrearage when it exists.  "Support," when used with reference to a minor child or a child described in Section 3901, includes maintenance and education.
Section 155 Support order. "Support order" means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered.  For the purposes of Section 685.020 of the Code of Civil Procedure, only the initial support order, whether temporary or final, whether or not the order is contained in a judgment, shall be considered an installment judgment.  No support order or other order or notice issued, which sets forth the amount of support owed for prior periods of time or establishes a periodic payment to liquidate the support owed for prior periods, shall be considered a money judgment for purposes of subdivision (b) of Section 685.020 of the Code of Civil Procedure.

                  Part 3. Indian Children

Section 170

Definitions; eligible membership in more than one tribe.
Section 175 Legislative findings and declarations.
Section 177 Governing law in Indian child custody proceedings.
Section 180 Notice of proceedings; parties; requirements; time to send.
Section 185 Indian child of tribe not recognized to have tribal status under federal law; tribal participation at hearings.

Division 2. General Provisions

                 Part 1. Jurisdiction

Section 200

Jurisdiction in superior court. The superior court has jurisdiction in proceedings under this code.

                 Part 2. General Procedural  Provisions

Section 210

Rules for practice and procedure. Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code
Section 211 Provision by rule for practice and procedure. Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this code.
Section 212 Verification of pleadings. A petition, response, application, opposition, or other pleading filed with the court under this code shall be verified.
Section 213 Responsive declaration to seek affirmative relief alternative to moving party's requested relief; proceedings.  (a) In a hearing on an order to show cause, or on a modification thereof, or in a hearing on a motion, other than for contempt, the responding party may seek affirmative relief alternative to that requested by the moving party, on the same issues raised by the moving party, by filing a responsive declaration within the time set by statute or rules of court.   (b) This section applies in any of the following proceedings:
   (1) A proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.
   (2) A proceeding relating to a protective order described in Section 6218.
   (3) Any other proceeding in which there is at issue the visitation, custody, or support of a child.
Section 214 Joinder of issues of fact; private trial. Except as otherwise provided in this code or by court rule, the court may, when it considers it necessary in the interests of justice and the persons involved, direct the trial of any issue of fact joined in a proceeding under this code to be private, and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel.
Section 215 Modification of judgment or order; service of notice. After entry of a judgment of dissolution of marriage, nullity of marriage, legal separation of the parties, or paternity, or after a permanent order in any other proceeding in which there was at issue the visitation, custody, or support of a child, no modification of the judgment or order, and no subsequent order in the proceedings, is valid unless any prior notice otherwise required to be given to a party to the proceeding is served, in the same manner as the notice is otherwise permitted by law to be served, upon the party.  For the purposes of this section, service upon the attorney of record is not sufficient.
Section 216 Mediators or evaluators appointed by or connected to the court; limitations upon communication with said persons; exceptions.     (a) In the absence of a stipulation by the parties to the contrary, there shall be no ex parte communication between the attorneys for any party to an action and any court-appointed or court-connected evaluator or mediator, or between a court-appointed or court-connected evaluator or mediator and the court, in any proceedings under this code, except with regard to the scheduling of appointments.
   (b) There shall be no ex parte communications between counsel appointed by the court pursuant to Section 3150 and any court-appointed or court-connected evaluator or mediator, except where it is expressly authorized by the court or undertaken pursuant to paragraph (5) of subdivision (c) of Section 3151.
   (c) Subdivisions (a) and (b) shall not apply in the following situations:
   (1) To allow a mediator or evaluator to address a case involving allegations of domestic violence as set forth in Sections 3113, 3181, and 3192.
   (2) To allow a mediator or evaluator to address a case involving allegations of domestic violence as set forth in the California Rules of Court 5.215.
   (3) If the mediator or evaluator determines that ex parte communication is needed to inform the court of his or her belief that a restraining order is necessary to prevent an imminent risk to the physical safety of the child or the party.
   (d) Nothing in this section shall be construed to limit the responsibilities a mediator or evaluator may have as a mandated reporter pursuant to Section 11165.9 of the Penal Code or the responsibilities a mediator or evaluator may have to warn under Tarasoff v. Regents of the University of California (1976) 17 Cal.3d 425, Hedlund v. Superior Court (1983) 34 Cal.3d 695, and Section 43.92 of the Civil Code.
   (e) The Judicial Council shall, by July 1, 2006, adopt a rule of court to implement this section.

                 Part 3. Temporary Restraining Order in Summons

Section 231

Application of part. This part applies to a temporary restraining order in a
summons issued under any of the following provisions:
   (a) Section 2040 (proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties).
   (b) Section 7700 (proceeding under Uniform Parentage Act).
Section 232 Statement in summons as to enforceability of order. The summons shall state on its face that the order is enforceable in any place in this state by any law enforcement agency that has received mailed notice of the order or has otherwise received a copy of the order and any officer who has been shown a copy of the order.
Section 233 Duration of order; enforceability; violation; punishment. (a) Upon filing the petition and issuance of the summons and upon personal service of the petition and summons on the respondent or upon waiver and acceptance of service by the respondent, the temporary restraining order under this part shall be in effect against the parties until the final judgment is entered or the petition is dismissed, or until further order of the court.
   (b) The temporary restraining order is enforceable in any place in this state, but is not enforceable by a law enforcement agency of a political subdivision unless that law enforcement agency has received mailed notice of the order or has otherwise received a copy of theorder or the officer enforcing the order has been shown a copy of the order.
   (c) A willful and knowing violation of the order included in the summons by removing a child from the state without the written consent of the other party or an order of the court is punishable as provided in Section 278.5 of the Penal Code.  A willful and knowing violation of any of the other orders included in the summons is punishable as provided in Section 273.6 of the Penal Code.
Section 234 Ex parte orders; admissibility as evidence.  The automatic granting of the ex parte temporary restraining order under this part is not a court determination or competent evidence in any proceeding of any prior history of the conduct so proscribed occurring between the parties.
Section 235 Modification or revocation of orders. Nothing in this part precludes either party from applying to the court for modification or revocation of the temporary restraining order provided for in this part or for further temporary orders or an expanded temporary ex parte order.

                 Part 4. Ex Parte Temporary Restraining Orders

Section 240

Application of part. This part applies where a temporary restraining order,
including a protective order as defined in Section 6218, is issued under any of the following provisions:
   (a) Article 2 (commencing with Section 2045) of Chapter 4 of Part 1 of Division 6 (dissolution of marriage, nullity of marriage, or legal separation of the parties)
   (b) Article 3 (commencing with Section 4620) of Chapter 3 of Part 5 of Division 9 (deposit of assets to secure future child support payments).
   (c) Article 1 (commencing with Section 6320) of Chapter 2 of Part 4 of Division 10 (Domestic Violence Prevention Act), other than an order under Section 6322.5.
   (d) Article 2 (commencing with Section 7710) of Chapter 6 of Part 3 of Division 12 (Uniform Parentage Act).
Section 241 Notice requirement; exception. Except as provided in Section 6300, an order described in Section 240 may not be granted without notice to the respondent unless it appears from facts shown by the affidavit in support of the application for the order, or in the application for the order, that great or irreparable injury would result to the applicant before the matter can be heard on notice.
Section 242 Orders granted without notice; returnable on order to show cause (OSC). (a) Except as provided in subdivision (b), if an order described in Section 240 is issued, the matter shall be made returnable on an order requiring cause to be shown why a permanent order should not be granted, on the earliest day that the business of the court will permit, but not later than 20 days or, if good cause appears to the court, 25 days from the date of the order.
   (b) If a hearing is not held within the time provided in subdivision (a), the court may nonetheless hear the matter, but the order is unenforceable unless reissued under Section 245.
Section 243 Readiness for hearing; continuance; counter-affidavit. (a) When the matter first comes up for hearing, the applicant must be ready to proceed.
   (b) If an order described in Section 240 has been issued without notice pending the hearing, the applicant must have served on the respondent, at least five days before the hearing, a copy of each of the following:
   (1) The order to show cause.
   (2) The application and the affidavits and points and authorities in support of the application.
   (3) Any other supporting papers filed with the court.
   (c) If an order described in Section 240 has been issued with notice pending the hearing, the applicant must have served on the respondent the documents described in subdivision (b) at least 15 days before the hearing.
   (d) If the applicant fails to comply with subdivision (a) and either subdivision (b) or (c), the court shall dissolve the order.
   (e) If service is made under subdivision (b), the respondent is entitled, as of course, to one continuance for a reasonable period, to respond to the application for the order.
   (f) On motion of the applicant or on its own motion, the court may shorten the time provided in this section for service on the respondent.
   (g) The respondent may, in response to the order to show cause, present affidavits relating to the granting of the order, and if the affidavits are served on the applicant at least two days before the hearing, the applicant is not entitled to a continuance on account of the affidavits.
Section 244 Precedence of hearing and trial. (a) On the day upon which the order is made returnable, the hearing shall take precedence over all other matters on the calendar of the day, except older matters of the same character, and matters to which special precedence may be given by law.
   (b) When the cause is at issue it shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character, and matters to which special precedence may be given by law.
Section 245 Reissuance of orders.  (a) The court may, upon the filing of an affidavit by the applicant that the respondent could not be served within the time required by statute, reissue an order previously issued and dissolved by the court for failure to serve the respondent.
   (b) The reissued order shall state on its face the date of expiration of the order.
   (c) No fee shall be charged for the reissuance of the order unless the order had been dissolved three times previously.
Section 246 Issuance or denial on date application submitted.  An ex parte temporary restraining order described in Section 240 shall be issued or denied on the same day that the application is submitted to the court, unless the application is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.

                 Part 5. Attorney's Fees and Costs

Section 270

Order for attorney's fees and costs; ability to pay. If a court orders a party to pay attorney's fees or costs under this code, the court shall first determine that the party has or is reasonably likely to have the ability to pay.
Section 271 Alternative basis for award; encouragement of cooperation; award as sanction; notice; property or income of sanctioned party. (a) Notwithstanding any other provision of this code, the court may base an award of attorney's fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys.  An award of attorney's fees and costs pursuant to this section is in the nature of a sanction.  In making an award pursuant to this section, the court shall take into consideration all evidence concerning the parties' incomes, assets, and liabilities.  The court shall not impose a sanction pursuant to this section that imposes an unreasonable financial burden on the party against whom the sanction is imposed.  In order to obtain an award under this section, the party requesting an award of attorney's fees and costs is not required to demonstrate any financial need for the award.
   (b) An award of attorney's fees and costs as a sanction pursuant to this section shall be imposed only after notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be heard.
   (c) An award of attorney's fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party's share of the community property.
Section 272 Method of payment; enforcement of order for costs and fees.  (a) Where the court orders one of the parties to pay attorney's fees and costs for the benefit of the other party, the fees and costs may, in the discretion of the court, be made payable in whole or in part to the attorney entitled thereto.
   (b) Subject to subdivision (c), the order providing for payment of the attorney's fees and costs may be enforced directly by the attorney in the attorney's own name or by the party in whose behalf the order was made.
   (c) If the attorney has ceased to be the attorney for the party in whose behalf the order was made, the attorney may enforce the order only if it appears of record that the attorney has given to the former client or successor counsel 10 days' written notice of the application for enforcement of the order.  During the 10-day period, the client may file in the proceeding a motion directed to the former attorney for partial or total reallocation of fees and costs to cover the services and cost of successor counsel.  On the filing of the motion, the enforcement of the order by the former attorney shall be stayed until the court has resolved the motion.
Section 273 Attorney's fees awarded against governmental agencies.  Notwithstanding any other provision of this code, the court shall not award attorney's fees against any governmental agency involved in a family law matter or child support proceeding except when sanctions are appropriate pursuant to Section 128.5 of the Code of Civil Procedure or Section 271 of this code.
Section 274 Attempted murder of a spouse; attorney's fees and costs; notice and hearing; source of funds.  (a) Notwithstanding any other provision of law, where the injured spouse is entitled to a remedy authorized pursuant to
subdivision (a) of Section 4324, the injured spouse shall be entitled to an award of reasonable attorney's fees and costs as a sanction pursuant to this section.
   (b) An award of attorney's fees and costs as a sanction pursuant to this section shall be imposed only after notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be heard.
   (c) An award of attorney's fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party's share of the community property. In order to obtain an award under this section, the party requesting an award of attorney's fees and costs is not required to demonstrate any financial need for the award.

                 Part 6. Enforcement of Judgments and Orders

Section 290

Methods of enforcement.  Subject to Section 291, a judgment or order made or entered pursuant to this code may be enforced by the court by execution, the appointment of a receiver, or contempt, or by any other order as the court in its discretion determines from time to time to be necessary.
Section 291 Judgment for possession or sale of property; enforceability; renewal; laches; enforcement after death; self-help materials; definition.  A judgment or order for possession or sale of property made or
entered pursuant to this code is subject to the period of enforceability and the procedure for renewal provided by Chapter 3 (commencing with Section 683.010) of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure.
Section 292 Judicial Council; modification and creation of contempt forms; content.  (a) The Judicial Council shall modify the title of its existing form, "Order to Show Cause and Declaration for Contempt (Family Law)," to "Order to Show Cause and Affidavit for Contempt (Family Law)."
   (b) The Judicial Council shall prescribe a form entitled "Affidavit of Facts Constituting Contempt" that a party seeking to enforce a judgment or order made or entered pursuant to this code by contempt may use as an attachment to the Judicial Council form entitled "Order to Show Cause and Affidavit for Contempt (Family Law)."  The form shall provide in the simplest language possible:
   (1) The basic information needed to sustain a cause of action for contempt, including, but not limited to, the elements of a cause of action for contempt.
   (2) Instructions on how to prepare and submit the Order to Show Cause and Affidavit for Contempt (Family Law) and the Affidavit of Facts Constituting Contempt.
   (3) Lines for the date and a signature made under penalty of perjury.
   (c) Section 1211.5 of the Code of Civil Procedure shall apply to the Order to Show Cause and Affidavit for Contempt (Family Law) and the Affidavit of Facts Constituting Contempt.

                 Part 7.  Tribal Marriages and Divorces

Section 295

Validity of marriages and divorces. (a) For the purpose of application of the laws of succession set forth in the Probate Code to a decedent, and for the purpose of determining the validity of a marriage under the laws of this state, an alliance entered into before 1958, which, by custom of the Indian tribe, band, or group of which the parties to the alliance, or either of them, are members, is commonly recognized in the tribe, band, or group as marriage, is deemed a valid marriage under the laws of this state.
   (b) In the case of these marriages and for the purposes described in subdivision (a), a separation, which, by custom of the Indian tribe, band, or group of which the separating parties, or either of them, are members, is commonly recognized in the tribe, band, or group as a dissolution of marriage, is deemed a valid divorce under the laws of this state.

Division 2.5 Domestic Partner Registration

                 Part 1. Definitions

Section 297

Domestic partners and partnership; establishment. (a) Domestic partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring.
   (b) A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met:
   (1) Both persons have a common residence.
   (2) Neither person is married  to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.
   (3) The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
   (4) Both persons are at least 18 years of age.
   (5) Either of the following:
   (A) Both persons are members of the same sex.
   (B) One or both of the persons meet the eligibility criteria under Title II of the Social Security Act as defined in 42 U.S.C. Section 402(a) for old-age insurance benefits or Title XVI of the Social Security Act as defined in 42 U.S.C. Section 1381 for aged individuals.  Notwithstanding any other provision of this section, persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over the age of 62.
   (6) Both persons are capable of consenting to the domestic partnership.
   (c) "Have a common residence" means that both domestic partners share the same residence.  It is not necessary that the legal right to possess the common residence be in both of their names.  Two people have a common residence even if one or both have additional residences.  Domestic partners do not cease to have a common residence if one leaves the common residence but intends to return.
Section 297.5 Rights, protections and benefits; responsibilities; obligations and duties under law; date of registration as equivalent of date of marriage.  (a) Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.
   (b) Former registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon former spouses.
   (c) A surviving registered domestic partner, following the death of the other partner, shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon a widow or a widower.
   (d) The rights and obligations of registered domestic partners with respect to a child of either of them shall be the same as those of spouses.  The rights and obligations of former or surviving registered domestic partners with respect to a child of either of them shall be the same as those of former or surviving spouses.
   (e) To the extent that provisions of California law adopt, refer to, or rely upon, provisions of federal law in a way that otherwise would cause registered domestic partners to be treated differently than spouses, registered domestic partners shall be treated by California law as if federal law recognized a domestic partnership in the same manner as California law.
   (f) Registered domestic partners shall have the same rights regarding nondiscrimination as those provided to spouses.
   (g) Notwithstanding this section, in filing their state income tax returns, domestic partners shall use the same filing status as is used on their federal income tax returns, or that would have been used had they filed federal income tax returns.  Earned income may not be treated as community property for state income tax purposes.
   (h) No public agency in this state may discriminate against any person or couple on the ground that the person is a registered domestic partner rather than a spouse or that the couple are registered domestic partners rather than spouses, except that nothing in this section applies to modify eligibility for long-term care plans pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2 of the Government Code.
   (i) This act does not preclude any state or local agency from exercising its regulatory authority to implement statutes providing rights to, or imposing responsibilities upon, domestic partners.
   (j)  This section does not amend or modify any provision of the California Constitution or any provision of any statute that was adopted by initiative.
   (k) This section does not amend or modify federal laws or the benefits, protections, and responsibilities provided by those laws.
   (l) Where necessary to implement the rights of registered domestic partners under this act, gender-specific terms referring to spouses shall be construed to include domestic partners.
   (m) (1) For purposes of the statutes, administrative regulations, court rules, government policies, common law, and any other provision or source of law governing the rights, protections, and benefits, and the responsibilities, obligations, and duties of registered domestic partners in this state, as effectuated by this section, with respect to community property, mutual responsibility for debts to third parties, the right in particular circumstances of either partner to seek financial support from the other following the dissolution of the partnership, and other rights and duties as between the partners concerning ownership of property, any reference to the date of a marriage shall be deemed to refer to the date of registration of a domestic partnership with the state.
   (2) Notwithstanding paragraph (1), for domestic partnerships registered with the state before January 1, 2005, an agreement between the domestic partners that the partners intend to be governed by the requirements set forth in Sections 1600 to 1620, inclusive, and which complies with those sections, except for the agreement's effective date, shall be enforceable as provided by Sections 1600 to 1620, inclusive, if that agreement was fully executed and in force as of June 30, 2005.

                 Part 2. Registration

Section 298

Declaration of Domestic Partnership and Notice of Termination of Domestic Partnership forms.  (a) The Secretary of State shall prepare forms entitled "Declaration of Domestic Partnership" and "Notice of Termination of Domestic Partnership" to meet the requirements of this division. These forms shall require the signature and seal of an acknowledgment by a notary public to be binding and valid.
   (b) (1) The Secretary of State shall distribute these forms to each county clerk.  These forms shall be available to the public at the office of the Secretary of State and each county clerk.
   (2) The Secretary of State shall, by regulation, establish fees for the actual costs of processing each of these forms, and the cost for preparing and sending the mailings and notices required pursuant to Section 299.3, and shall charge these fees to persons filing the forms.
   (c) The Declaration of Domestic Partnership shall require each person who wants to become a domestic partner to (1) state that he or she meets the requirements of Section 297 at the time the form is signed, (2) provide a mailing address, (3) state that he or she consents to the jurisdiction of the Superior Courts of California for the purpose of a proceeding to obtain a judgment of dissolution or nullity of the domestic partnership or for legal separation of partners in the domestic partnership, or for any other proceeding related to the partners' rights and obligations, even if one or both partners ceases to be a resident of, or to maintain a domicile in, this state, (4) sign the form with a declaration that representations made therein are true, correct, and contain no material omissions of  fact to the best knowledge and belief of the applicant, and (5) have a notary public acknowledge his or her signature.  Both partners' signatures shall be affixed to one Declaration of Domestic Partnership form, which form shall then be transmitted to the Secretary of State according to the instructions provided on the form.  Filing an intentionally and materially false Declaration of Domestic Partnership shall be punishable as a misdemeanor.
Section 298.5 Filing of Declaration of Domestic Partnership forms; registration. (a) Two persons desiring to become domestic partners may complete and file a Declaration of Domestic Partnership with the Secretary of State.
   (b) The Secretary of State shall register the Declaration of Domestic Partnership in a registry for those partnerships, and shall return a copy of the registered form and a Certificate of Registered Domestic Partnership to the domestic partners at the mailing address provided by the domestic partners.
   (c) No person who has filed a Declaration of Domestic Partnership may file a new Declaration of Domestic Partnership or enter a civil marriage with someone other than their registered domestic partner unless the most recent domestic partnership has been terminated or a final judgment of dissolution or nullity of the most recent domestic partnership has been entered.  This prohibition does not apply if the previous domestic partnership ended because one of the partners died.

                 Part 3. Termination

Section 299

Termination of registered domestic partnership; filing of Notice of Termination of Domestic Partnership; conditions; effective date; setting aside termination; jurisdiction.  (a) A registered domestic partnership may be terminated without filing a proceeding for dissolution of domestic partnership by the filing of a Notice of Termination of Domestic Partnership with the Secretary of State pursuant to this section, provided that all of the following conditions exist at the time of the filing:
   (1) The Notice of Termination of Domestic Partnership is signed by both registered domestic partners.
   (2) There are no children of the relationship of the parties born before or after registration of the domestic partnership or adopted by the parties after registration of the domestic partnership, and neither of the registered domestic partners, to their knowledge, is pregnant.
   (3) The registered domestic partnership is not more than five years in duration.
   (4) Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements:
   (A) The lease does not include an option to purchase.
   (B) The lease terminates within one year from the date of filing of the Notice of Termination of Domestic Partnership.
   (5) There are no unpaid obligations in excess of the amount described in paragraph (6) of subdivision (a) of Section 2400, as adjusted by subdivision (b) of Section 2400, incurred by either or both of the parties after registration of the domestic partnership, excluding the amount of any unpaid obligation with respect to an automobile.
   (6) The total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than the amount described in paragraph (7) of subdivision (a) of Section 2400, as adjusted by subdivision (b) of Section 2400, and neither party has separate property assets, excluding all encumbrances and automobiles, in excess of that amount.
   (7) The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community property, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement.
   (8) The parties waive any rights to support by the other domestic partner.
   (9) The parties have read and understand a brochure prepared by the Secretary of State describing the requirements, nature, and effect of terminating a domestic partnership.
   (10) Both parties desire that the domestic partnership be terminated.
   (b) The registered domestic partnership shall be terminated effective six months after the date of filing of the Notice of Termination of Domestic Partnership with the Secretary of State pursuant to this section, provided that neither party has, before that date, filed with the Secretary of State a notice of revocation of the termination of domestic partnership, in the form and content as shall be prescribed by the Secretary of State, and sent to the other party a copy of the notice of revocation by first-class mail, postage prepaid, at the other party's last known address.  The effect of termination of a domestic partnership pursuant to this section shall be the same as, and shall be treated for all purposes as, the entry of a judgment of dissolution of a domestic partnership.
   (c) The termination of a domestic partnership pursuant to subdivision (b) does not prejudice nor bar the rights of either of the parties to institute an action in the superior court to set aside the termination for fraud, duress, mistake, or any other ground recognized at law or in equity.  A court may set aside the termination of domestic partnership and declare the termination of the domestic partnership null and void upon proof that the parties did not meet the requirements of subdivision (a) at the time of the filing of the Notice of Termination of Domestic Partnership with the Secretary of State.
   (d) The superior courts shall have jurisdiction over all proceedings relating to the dissolution of domestic partnerships, nullity of domestic partnerships, and legal separation of partners in a domestic partnership.  The dissolution of a domestic partnership, nullity of a domestic partnership, and legal separation of partners in a domestic partnership shall follow the same procedures, and the partners shall possess the same rights, protections, and benefits, and be subject to the same responsibilities, obligations, and duties, as apply to the dissolution of marriage, nullity of marriage, and legal separation of spouses in a marriage, respectively, except as provided in subdivision (a), and except that, in accordance with the consent acknowledged by domestic partners in the Declaration of Domestic Partnership form, proceedings for dissolution, nullity, or legal separation of a domestic partnership registered in this state may be filed in the superior courts of this state even if neither domestic partner is a resident of, or maintains a domicile in, the state at the time the proceedings are filed.

                 Part 4. Legal Effect

Section 299.2

Recognizing same sex unions from another jurisdiction as a valid domestic partnership.  A legal union of two persons of the same sex, other than a marriage, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership as defined in this part, shall be recognized as a valid domestic partnership in this state regardless of whether it bears the name domestic partnership.
Section 299.3 Letter to be sent each registered domestic partner from Secretary of State; notice to potential domestic partner registrants.  (a) On or before June 30, 2004, and again on or before December 1, 2004, and again on or before January 31, 2005, the Secretary of State shall send the following letter to the mailing address on file of each registered domestic partner who registered more than one month prior to each of those dates: "Dear Registered Domestic Partner:
   This letter is being sent to all persons who have registered with the Secretary of State as a domestic partner.
   Effective January 1, 2005, California's law related to the rights and responsibilities of registered domestic partners will change (or, if you are receiving this letter after that date, the law has changed, as of January 1, 2005). With this new legislation, for purposes of California law, domestic partners will have a great many new rights and responsibilities, including laws governing community property, those governing property transfer, those regarding duties of mutual financial support and mutual responsibilities for certain debts to third parties, and many others. The way domestic partnerships are terminated is also changing. After January 1, 2005, under certain circumstances, it will be necessary to participate in a dissolution proceeding in court to end a domestic partnership.
   Domestic partners who do not wish to be subject to these new rights and responsibilities MUST terminate their domestic partnership before January 1, 2005. Under the law in effect until January 1, 2005, your domestic partnership is automatically terminated if you or your partner marry or die while you are registered as domestic partners. It is also terminated if you send to your partner or your partner sends to you, by certified mail, a notice terminating the domestic partnership, or if you and your partner no longer share a common residence. In all cases, you are required to file a Notice of
Termination of Domestic Partnership.
   If you  do not terminate your domestic partnership before January 1, 2005, as provided above, you will be subject to these new rights and responsibilities and, under certain circumstances, you will only be able to terminate your domestic partnership, other than as a result of your domestic partner's death, by the filing of a court action.
   Further, if you registered your domestic partnership with the state prior to January 1, 2005, you have until June 30, 2005, to enter into a written agreement with your domestic partner that will be enforceable in the same manner as a premarital agreement under California law, if you intend to be so governed.
   If you have any questions about any of these changes, please consult an attorney. If you cannot find an attorney in your locale, please contact your county bar association for a referral.Sincerely,The Secretary of State"
   (b) From January 1, 2004, to December 31, 2004, inclusive, the Secretary of State shall provide the following notice with all  requests for the Declaration of Domestic Partnership form. The Secretary of State also shall attach the Notice to the Declaration of Domestic Partnership form that is provided to the general public on the Secretary of State's Web site:
      "NOTICE TO POTENTIAL DOMESTIC PARTNER REGISTRANTS
   As of January 1, 2005, California's law of domestic partnership will change.
   Beginning at that time, for purposes of California law, domestic partners will have a great many new rights and responsibilities, including laws governing community property, those governing property transfer, those regarding duties of mutual financial support and mutual responsibilities for certain debts to third parties, and many others. The way domestic partnerships are terminated will also change. Unlike current law, which allows partners to end their partnership simply by filing a "Termination of Domestic Partnership" form with the Secretary of State, after January 1, 2005, it will be necessary under certain circumstances to participate in a dissolution proceeding in court to end a domestic partnership.
   If you have questions about these changes, please consult an attorney. If you cannot find an attorney in your area, please contact your county bar association for a referral."

                 Part 5. Preemption

Section 299.6

Preemption of local ordinances or laws. (a) Any local ordinance or law that provides for the creation of a "domestic partnership" shall be preempted on and after July 1, 2000, except as provided in subdivision (c)
   (b) Domestic partnerships created under any local domestic partnership ordinance or law before July 1, 2000, shall remain valid.
  On and after July 1, 2000, domestic partnerships previously established under a local ordinance or law shall be governed by this division and the rights and duties of the partners shall be those set out in this division, except as provided in subdivision (c), provided a Declaration of Domestic Partnership is filed by the domestic partners under Section 298.5.
   (c) Any local jurisdiction may retain or adopt ordinances, policies, or laws that offer rights within that jurisdiction to domestic partners as defined by Section 297 or as more broadly defined by the local jurisdiction's ordinances, policies, or laws, or that impose duties upon third parties regarding domestic partners as defined by Section 297 or as more broadly defined by the local jurisdiction's ordinances, policies, or laws, that are in addition to the rights and duties set out in this division, and the local rights may be conditioned upon the agreement of the domestic partners to assume the additional obligations set forth in this division.

Division 3. Marriage

                 Part 1. Validity of Marriage

Section 300

Consent; issuance of license and solemnization. Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary.  Consent alone does not constitute marriage.  Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).
Section 301 Adults; capability to consent to and consummate marriage.  An unmarried male of the age of 18 years or older, and an unmarried female of the age of 18 years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage.
Section 302 Minors; capability to consent to and consummate marriage. An unmarried male or female under the age of 18 years is capable of consenting to and consummating marriage if each of the following documents is filed with the county clerk issuing the marriage license:
   (a) The written consent of the parents of each underage person, or of one of the parents or the guardian of each underage person.
   (b) A court order granting permission to the underage person to marry, obtained on the showing the court requires.
Section 303 Consent of court to marriage of minor.  If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry.  The order shall be filed with the county clerk at the time the license is issued.
Section 304 Premarital counseling; fees. As part of the court order granting permission to marry under Section 302 or 303, the court shall require the parties to the prospective marriage of a minor to participate in premarital counseling concerning social, economic, and personal responsibilities incident to marriage, if the court considers the counseling to be necessary.  The parties shall not be required, without their consent, to confer with counselors provided by religious organizations of any denomination.  In determining whether to order the parties to participate in the premarital counseling, the court shall consider, among other factors, the ability of the parties to pay for the counseling.  The court may impose a reasonable fee to cover the cost of any premarital counseling provided by the county.  The fees shall be used exclusively to cover the cost of the counseling services authorized by this section.
Section 305 Proof of consent and solemnization. Consent to and solemnization of marriage may be proved under the same general rules of evidence as facts are proved in other cases.
Section 306 Procedural requirements; effect of noncompliance.  Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the certificate of registry of marriage shall be returned as provided in this part. Noncompliance with this part by a nonparty to the marriage does not invalidate the marriage.
Section 307 Marriage of members of religious society or denomination; requirements.  This division, so far as it relates to the solemnizing of marriage, is not applicable to members of a particular religious society or denomination not having clergy for the purpose of solemnizing marriage or entering the marriage relation, if all of the following requirements are met:
   (a) The parties to the marriage make, sign, and endorse on or attach to the license a statement, in the form prescribed by the State Department of Health Services, showing all of the following:
   (1) The fact, time, and place of entering into the marriage.
   (2) The signatures and places of residence of two witnesses to the ceremony.
   (3) The religious society or denomination of the parties to the marriage, and that the marriage was entered into in accordance with the rules and customs of that religious society or denomination.  The statement of the parties to the marriage that the marriage was entered into in accordance with the rules and customs of the religious society or denomination is conclusively presumed to be true.
   (b) The License and Certificate of Declaration of Marriage, endorsed pursuant to subdivision (a), is returned to the county recorder of the county in which the license was issued within 30 days after the ceremony.
Section 308 Foreign marriages; validity. A marriage contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state.
Section 308.5 Between man and woman only. Only marriage between a man and a woman is valid or recognized in California.
Section 309 Action to test validity of marriage. If either party to a marriage denies the marriage, or refuses to join in a declaration of the marriage, the other party may proceed, by action, to have the validity of the marriage determined and declared.
Section 310 Methods of dissolution. Marriage is dissolved only by one of the following:
   (a) The death of one of the parties.
   (b) A judgment of dissolution of marriage.
   (c) A judgment of nullity of marriage.

                 Part 2. Marriage License and Certificate of Registry

Section 350

Necessity of license; armed forces members serving overseas in conflict or war; appearance of attorney-in-fact.  (a) Before entering a marriage, or declaring a marriage pursuant to Section 425, the parties shall first obtain a marriage license from a county clerk.
   (b) If a marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney-in-fact shall appear before the county clerk on behalf of the party who is overseas, as prescribed in subdivision (a).
Section 351 Contents of license. The marriage license shall show all of the following:
   (a) The identity of the parties to the marriage.
   (b) The parties' real and full names, and places of residence.
   (c) The parties' ages.
Section 351.5 Certificate of registry and marriage license; address information.
Section 351.6 Mailing address.
Section 352 Grounds for denial of license. No marriage license shall be granted if either of the applicants lacks the capacity to enter into a valid marriage or is, at the time of making the application for the license, under the influence of an intoxicating liquor or narcotic drug.
Section 353 Underage applicants. If an applicant for a marriage license is under the age of 18 years, the license may be granted only if both parties are capable of consenting to and consummating marriage as provided for in Section 302, and the consent or court order required by Section 303 are filed with the county clerk.
Section 354 Identification; examination of applicants; additional documentary proof; armed forces members serving overseas in war or conflict; compliance by attorney-in-fact. (a) Each applicant for a marriage license may be required to present authentic identification as to name.
   (b) For the purpose of ascertaining the facts mentioned or required in this part, if the clerk deems it necessary, the clerk may examine the applicants for a marriage license on oath at the time of the application.  The clerk shall reduce the examination to writing and the applicants shall sign it.
   (c) If necessary, the clerk may request additional documentary proof as to the accuracy of the facts stated.
   (d) Applicants for a marriage license shall not be required to state, for any purpose, their race or color.
   (e) If a marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney-in-fact shall comply with the requirements of this section on behalf of the applicant who is overseas, if necessary.
Section 355 Forms. (a) The forms for the application for a marriage license and the marriage license shall be prescribed by the State Department of Health Services, and shall be adapted to set forth the facts required in this part.
   (b) The form for the application for a marriage license shall include an affidavit on the back, which the applicants shall sign, affirming that they have received the brochure provided for in Section 358.  If the marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney-in-fact shall sign the affidavit on behalf of the applicant who is overseas.
   (c) The affidavit required by subdivision (b) shall state:

                                AFFIDAVIT

      I acknowledge that I have received the brochure titled ___________

   ________________________
            Signature of Bride                             Date
   ________________________
            Signature of Groom                         Date
Section 356 Expiration of license. A marriage license issued pursuant to this part expires 90 days after its issuance.  The calendar date of expiration shall be clearly noted on the face of the license.
Section 357 Numbering of licenses; transmittal of list of issued licenses; notice of expiration of license. (a) The county clerk shall number each marriage license issued and shall transmit at periodic intervals to the county recorder a list or copies of the licenses issued.
   (b) Not later than 60 days after the date of issuance, the county recorder shall notify licenseholders whose certificate of registry has not been returned of that fact and that the marriage license will automatically expire on the date shown on its face.
   (c) The county recorder shall notify the licenseholders of the obligation of the person solemnizing their marriage to return the certificate of registry and endorsed license to the recorder's office within 10 days after the ceremony.
Section 358 Informational brochure; preparation and publication; contents. (a) The State Department of Health Services shall prepare and publish a brochure which shall contain the following:
   (1) Information concerning the possibilities of genetic defects and diseases and contain a listing of centers available for the testing and treatment of genetic defects and diseases.
   (2) Information concerning acquired immune deficiency syndrome (AIDS) and the availability of testing for antibodies to the probable causative agent of AIDS.
   (3) Information concerning domestic violence, including resources available to victims and a statement that physical, emotional, psychological, and sexual abuse, and assault and battery, are against the law.
   (b) The State Department of Health Services shall make the brochures available to county clerks who shall distribute a copy of the brochure to each applicant for a marriage license, including applicants for a confidential marriage license and notary publics receiving a confidential marriage license pursuant to Section 503.
   (c) Each notary public authorizing a confidential marriage under Section 503 shall distribute a copy of the brochure to the applicants for a confidential marriage license.
   (d) To the extent possible, the State Department of Health Services shall seek to combine in a single brochure all statutorily required information for marriage license applicants.
Section 359 Certificate of registry; preparation and filing.  (a) Applicants for a marriage license shall obtain from the county clerk issuing the license, a certificate of registry of marriage.
   (b) The contents of the certificate of registry are provided in Part 1 (commencing with Section 102100) of Division 102 of the Health and Safety Code.
   (c) The certificate of registry shall be filled out by the applicants, in the presence of the county clerk issuing the marriage license, and shall be presented to the person solemnizing the marriage.
   (d) The person solemnizing the marriage shall complete the certificate of registry and shall cause to be entered on the certificate of registry the signature and address of one witness to the marriage ceremony.
   (e) The certificate of registry shall be returned by the person solemnizing the marriage to the county recorder of the county in which the license was issued within 10 days after the ceremony.
   (f) As used in this division, "returned" means presented to the appropriate person in person, or postmarked, before the expiration of the specified time period.
Section 360 Duplicate certificates; affidavits; issuance; fee. (a) If a certificate of registry of marriage is lost or destroyed after the marriage ceremony but before it is returned to the county recorder, the person solemnizing the marriage, in order to comply with Section 359, shall obtain a duplicate certificate of registry by filing an affidavit setting forth the facts with the
county clerk of the county in which the license was issued.
   (b) The duplicate certificate of registry may not be issued later than one year after issuance of the original license and shall be returned by the person solemnizing the marriage to the county recorder within 10 days after issuance.
   (c) The fee for issuing the duplicate marriage license and certificate of registry is five dollars ($5).

                 Part 3. Solemnization of Marriage

                             Chapter 1: Persons Authorized to Solemnize Marriage

Section 400

Authorized persons. Marriage may be solemnized by any of the following who is of the age of 18 years or older:
   (a) A priest, minister, or rabbi of any religious denomination.
   (b) A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.
   (c) A judge or magistrate who has resigned from office.
   (d) Any of the following judges or magistrates of the United States:
   (1) A justice or retired justice of the United States Supreme Court.
   (2) A judge or retired judge of a court of appeals, a district court, or a court created by an act of Congress the judges of which are entitled to hold office during good behavior.
   (3) A judge or retired judge of a bankruptcy court or a tax court.
   (4) A United States magistrate or retired magistrate.
   (e) A legislator or constitutional officer of this state or a member of Congress who represents a district within this state, while that person holds office.
Section 401 Commissioner of civil marriages; designation of county clerk; deputies. (a) For each county, the county clerk is designated as a commissioner of civil marriages.
   (b) The commissioner of civil marriages may appoint deputy commissioners of civil marriages who may solemnize marriages under the direction of the commissioner of civil marriages and shall perform other duties directed by the commissioner.
Section 402 Officials of nonprofit religious institutions. In addition to the persons permitted to solemnize marriages under Section 400, a county may license officials of a nonprofit religious institution, whose articles of incorporation are registered with the Secretary of State, to solemnize the marriages of persons who are affiliated with or are members of the religious institution. The licensee shall possess the degree of doctor of philosophy and must perform religious services or rites for the institution on a regular basis.  The marriages shall be performed without fee to the parties.

                            Chapter 2: Solemnization of Marriage

Section 420

Requirements for solemnization; appearance by attorney-in-fact on behalf of armed forces member serving overseas in a conflict or war. (a) No particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties shall declare, in the presence of the person solemnizing the marriage and necessary witnesses, that they take each other as husband and wife.
   (b) Notwithstanding subdivision (a), a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage may enter into that marriage by the appearance of an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney. The attorney-in-fact must personally appear at the county clerk's office with the party who is not stationed overseas, and present the original power of attorney duly signed by the party stationed overseas and acknowledged by a notary or witnessed by two officers of the United States Armed Forces. The power of attorney shall state the true legal names of the parties to be married, and that the power of attorney is solely for the purpose of authorizing the attorney-in-fact to obtain a marriage license on the person's behalf and participate in the solemnization of the marriage. The original power of attorney shall be a part of the marriage certificate upon registration.
   (c) No contract of marriage, if otherwise duly made, shall be invalidated for want of conformity to the requirements of any religious sect.
Section 421 Duties of persons solemnizing marriage. Before solemnizing a marriage, the person solemnizing the marriage shall require the presentation of the marriage license.  If the person solemnizing the marriage has reason to doubt the correctness of the statement of facts in the marriage license, the person must be satisfied as to the correctness of the statement of facts before solemnizing the marriage.  For this purpose, the person may administer oaths and examine the parties and witnesses in the same manner as the county clerk does before issuing the license.
Section 422 Licen