Florida Marriage License Law
No matter how easy the process might look in movies and on television--especially in those movies about Las Vegas--realistically all states have specific statutes governing how you can get married, when you can get married and to whom you can get married. Florida is no exception.
Other People Are Reading
-
Getting a Marriage License
-
Only a county court judge or the clerk of the circuit court can issue you a marriage license in Florida. You'll have to provide him with a picture ID and at least one additional identifying document. You and your future spouse must apply together. If you've been married previously, you'll also have to account for that ex-spouse and give the judge or clerk the date of your divorce or the date of his death. A Florida marriage license is valid for two months and can only be used within the state.
Fees
-
In 1998, Florida passed legislation that created state-recognized marriage preparation classes. This legislation relaxed some of the legal requirements for getting a marriage license if couples took one of these courses. The fee for a marriage license in Florida (as of 2010) is $93.50 payable only in cash, unless you took the course (consisting of at least four hours) within the last year, in which case you'd get a rebate of $32.50. Out of every marriage license fee, $25 goes to Florida's Domestic Violence Trust Fund to fund shelters and $7.50 goes to the Displaced Homemaker Trust Fund.
-
Waiting Period
-
The waiting period is another of the requirements affected by Florida's 1998 legislation. If you complete one preparation class, the waiting period to get married is waived. Otherwise, you must wait three days after getting your license.
Age Requirements
-
You can get married at almost any age in Florida if you jump through the right legal hoops. Technically, the legal age for marriage is 18. But if you're between 16 and 18, you can still get married with parental consent. You can even get married if you're under 16 years of age, but your marriage license can only be issued by a judge and not a circuit court clerk. Essentially, you would need the judge's approval and a very good reason, such as pregnancy. You would, however, have to provide proof of your condition from a licensed physician.
Other Legal Requirements
-
You don't have to be a resident of Florida to be married there. If you're not a resident, then there's no waiting period. Blood tests aren't required there.
Prohibited Marriages
-
"Incestuous" marriages are prohibited in Florida. Section 741.21 of Title XLIII of Florida's statutes defines this as anyone related to you by "lineal consanguinity," which means a parent, grandparent or child. Siblings, aunts and uncles and nieces and nephews are also barred from marrying there. Common law marriages entered into after Jan. 1, 1968 are not recognized.
Same Sex Marriages
-
Florida passed a constitutional amendment in November 2008 that defines marriage as "only a legal union between one man and one woman as husband and wife," language taken from the Federal Defense of Marriage Act. Same sex marriages are not recognized there, even if the couple entered into it elsewhere.
-
References
Resources
- Photo Credit Wedding bouquet the bride on background of wedding dress image by Aliaksandr Zabudzko from Fotolia.com
