FAQs - Inmate Marriage

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Questions

  1. Can I marry someone who is in jail?
  2. What do I have to do?
  3. Where do I get the marriage license and Affidavit of Inability to Appear?
  4. How do I find an Officiant who can perform the marriage?
  5. Does the inmate have to request the marriage?
  6. Where will the ceremony be held?
  7. Who can attend the ceremony?
  8. Can we exchange rings?
  9. How will I know if my request to marry has been approved?

Answers

  1. Can I marry someone who is in jail?

    Yes, as long as only one party is in custody.

  2. What do I have to do?

    You must make all arrangements, including obtaining the marriage license, an Affidavit of Inability to Appear, and the Officiant to perform the ceremony.

  3. Where do I get the marriage license and Affidavit of Inability to Appear?

    You can get the packet of forms entitled "Clerk's Checklist for Marriage License When Either Applicant Cannot Appear" from the County Clerk-Recorder's Office, located at 1055 Monterey Street, Suite 120, San Luis Obispo, CA 93408 (805) 781-5080, or their North County office location at 5955 Capistrano Avenue, Suite B, Atascadero, CA 93422. Only the marriage license application is available online at www.slocounty.ca.gov/clerk.

  4. How do I find an Officiant who can perform the marriage?

    The San Luis Obispo County Clerk-Recorder has a list of certified Officiants.

  5. Does the inmate have to request the marriage?

    Yes, the inmate must fill out and submit an Inmate Request Slip for approval at least 14 days prior to the requested date for the ceremony. The inmate must have one hour of visiting available for the ceremony. The inmate will provide the Correctional Sergeant with the names and telephone numbers of all involved parties for approval notification.

  6. Where will the ceremony be held?

    In an attorney room in visiting at the jail, or you may be able to obtain a court order to be married in a courtroom at the courthouse.

  7. Who can attend the ceremony?

    The Officiant performing the ceremony, the intended, and one witness will be the only visitors allowed.

  8. Can we exchange rings?

    No physical contact or exchanging of rings is allowed. Cameras, cell phones, and other items not normally allowed in the jail are prohibited.

  9. How will I know if my request to marry has been approved?

    Upon approval, the Correctional Sergeant, or their designee, will notify all parties involved of the date.