We are both US Citizens and residents of Los Angeles.  We got married
in Italy on April 22, 2006.  What are the proper channels to getting
our marriage registered here at home?  I would assume that we'd want
it recorded but don't know.  We followed the proper Italian channels
and visited the US Consulate in Italy to get our signed affadavit.  We
just need help here.

Howdy brupnow-ga,

There is always the option of getting remarried in California, but here
is the process of doing what you outline.

This first reference is from the "Self Service Center" of the website of
the Superior Court of California in the County of Santa Clara, but the
process is essentially the same in each county of California.
http://www.scselfservice.org/probate/other/BirthDeathMarriage.htm

"How to Establish a Fact of Birth, Death and Marriage"

You will want to read the above page in detail for all of the steps, but
it is a step-by-step process of the filing, hearing and registration of a
petition to establish record of marriage.

You will be dealing with the Los Angeles Superior Court Probate Department
for the process of doing the above.
http://www.lasuperiorcourt.org/probate/

The above page has all of the contact information for that department.

The initial petition will cost $180 to file.

If after reading the referenced pages in detail, you need any clarification,
please feel free to ask.


Search strategy:

Google search on: "foreign marriage" California
://www.google.com/search?q=%22foreign+marriage%22+California

Google search on: "Superior Court" "Los Angeles"
://www.google.com/search?q=%22Superior+Court%22+%22Los+Angeles%22

Looking Forward, denco-ga - Google Answers Researcher

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Request for Answer Clarification by brupnow-ga on 08 Jun 2006 18:33 PDT

Thanks much.  For a quick clarification though,  unless we want to
adopt a child,  there is no need to do anything?  I don't mean to be
redundant.  I just want to be sure.

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Clarification of Answer by denco-ga on 08 Jun 2006 23:21 PDT

Howdy brupnow-ga,

Nope, if there is no overriding reason for you wanting a California marriage
certificate, then you do not need to do anything at all.  However, you might
want to review what the U.S. Department of State has to say on the topic.

"MARRIAGE OF AMERICAN CITIZENS IN ITALY"
http://travel.state.gov/law/citizenship/citizenship_754.html

"CERTIFIED COPIES OF YOUR ITALIAN MARRIAGE CERTIFICATE: You should request a
number of certified copies of your marriage certificate, as they will be needed
for a variety of employment, insurance and legal purposes, and may be difficult
to obtain at a later date."

Looking Forward, denco-ga - Google Answers Researcher

Hi brupnow,

Your marriage certificate is considered a legal document in the United
States. Italy and the U.S. are both members of the Hague Convention
and have agreed to recognize each other's public documents when
attached to an "apostille" (the signed affidavit from the U.S.
Consulate), so it may be used when needed in the same way that you
would use a U.S. marriage certificate. In other words, you are all
set!

What is an "Apostille"?
"An ?apostille? is a certificate issued by a designated authority in a
country where the a treaty called the Hague Convention Abolishing the
Requirement for Legalization of Foreign Public Documents applies..."
What is a Public Document under the Convention?
"Article 1 of the Convention provides that for the purposes of the
Convention the following are public documents:
b. administrative documents such as civil registry records or office
of vital records regarding birth, death, marriage, etc.;"
http://travel.state.gov/law/info/judicial/judicial_2545.html

CONVENTION ABOLISHING THE REQUIREMENT OF LEGALISATION FOR FOREIGN PUBLIC DOCUMENTS
http://www.hcch.net/index_en.php?act=conventions.text&cid=41

Member States
# Italy
# United States of America
http://www.hcch.net/index_en.php?act=states.listing

Congratulations!
hummer

"California Marriage License, Registration and Ceremony Information"
http://www.dhs.ca.gov/hisp/chs/OVR/Marriage/FAQ.htm

"A couple comes into the Recorder?s Office and presents their marriage
certificate issued in a foreign country. They want the Recorder?s Office
to record their foreign marriage certificate in California. Can their
marriage be recorded in California?

No. A foreign marriage certificate cannot be recorded in California. If
the couple needs to establish a record of the marriage in California,
they can file a petition in Superior Court to establish a Court Order
Delayed Certificate of marriage."

Hi Denco,

My comment was just a little side note to add to your excellent
"how-to". I just wanted to point out that normally a couple doesn't
need to establish a record of marriage in CA unless they really want
to, that an Italian certificate is a legal document in the U.S. (their
marriage is recorded in Italy and doesn't need to be recorded
elsewhere, that's what the certificate is for, proof that their
marriage is legal and recorded in the country where the marriage took
place). In addition, we people do not need to record their marriages
every time they move to a new state or country.

Regards,
hummer

Sorry, my last sentence should read, "In addition, people do not need
to record their marriages every time they move to a new state or
country." hummer

Thanks hummer!

There are several practical reasons wherein a couple will want to go through
the (granted, expensive and tortuous) petition process.  For instance, if the
couple ever adopts a child, they will need to get notarized copies of their
marriage license, and the time, expense and aggravation of doing that through
a foreign country would be far more tortuous.

To further this example, if the adoption was through a country such as China,
they are going to want a domestic marriage certificate as well.  This is just
of those things that are fine legally, but are not always all that practical.

Looking Forward, denco-ga - Google Answers Researcher

One of those days!  My "just of those things" should have read "just one
of those things" instead.