California Affidavit of Common Apostille

Spousal benefits, immigration and family visas, insurance and pension claims, and confirming a marital relationship to a foreign authority where a formal marriage certificate doesn’t exist because the marriage was common-law. Common destinations: vary widely with the couple’s circumstances and the recognizing state.

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Quick facts

Category: Affidavit / Sworn Statement
Apostilled by the California Secretary of State (Sacramento or Los Angeles)
Fee: $20 per document (mail) or $26 (walk-in) at the California Secretary of State
Free document review before you pay any government fee
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What to know

Self-prepared — no issuing office. 1. Draft the affidavit. State where and approximately when the common-law marriage was established (a recognizing state), that you held yourselves out as married, identity details, and the basis. Attach any supporting evidence the destination asks for. 2. Personally appear before a California notary with satisfactory ID. The notary administers an oath and completes a jurat; both partners signing means each signature is its own $15 jurat. 3. Confirm the notary’s seal, signature, commission number, and expiration are present and legible. Who can swear it. Both partners (commonly), or one partner attesting to the relationship. Cost + timeline for THIS step (verified June 2026): notary $15 per signature for the jurat (Gov. Code §8211(b)); usually same-day. Drafting is free. What the SOS needs to see: a California notary’s jurat for each affiant — current.

Frequently asked questions

Does California have common-law marriage?

No — you can’t form one in California. California recognizes a common-law marriage validly formed in another state (Fam. Code §308); the affidavit attests to that.

What exactly do I submit?

Your sworn affidavit, notarized with a jurat. The SOS apostilles the notary’s signature.

We’re a California domestic partnership, not common-law — different document?

Yes — see the domestic partnership records (#22–24); those are state-registered.

Both of us are signing — anything different?

Each swears their own jurat ($15 each); in person, each different signature adds $6 at the SOS.

Common destinations

Countries this document is most often sent to (pulled from this page's own guidance). Every destination has its own rulebook — apostille (Hague) or full legalization (non-Hague).

Compliant with the rules that actually get documents accepted