Laws on a Second Marriage in Florida
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Second marriages in Florida must comply with several state laws.
wedding image by Mat Hayward from Fotolia.com
All states have laws governing who can get married and when. In Florida, second marriages must comply with a variety of laws, ranging from civil requirements to criminal penalties. Any couple wishing to remarry in Florida must ensure that both partners comply with all of the Sunshine State's applicable marriage laws.
License
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Anyone getting married in Florida must first apply for and be granted a marriage license. According to the Secretary of State of Florida, in addition to being at least 18 years old, or 16 years old with the consent of both parents, Florida couples wishing to get remarried must be able to provide the date upon which they received a divorce. If the divorce occurred recently, the divorced spouse must provide a copy of the divorce decree when applying for a marriage license.
Bigamy
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Having more than one spouse at any time is a crime in Florida. Florida Revised Statute § 826.01 states that if either of the spouses entering into a second marriage is already married, the party who already has a spouse has committed the felony of bigamy.
However, the law also recognizes exceptions to this. Florida Revised Statute § 826.02 allows anyone who reasonably believes his or her spouse to be dead, or who reasonably believes himsjelf or herself capable of remarriage, may do so. Anyone who has been voluntarily abandoned or deserted by a spouse for at least three years prior to the second marriage, is also not guilty of bigamy even if the previous marriage was not officially dissolved.
Spousal Support
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In Florida, whenever one party pays the other party spousal support, commonly referred to as alimony, those payments can be affected by the receiving spouse remarrying or even cohabiting with someone else. Florida Revised Statute § 61.14 states that a court can terminate or modify any marital support order if it finds the recipient has entered into a supportive relationship with someone else. If this happens, it is up to the paying party to prove the relationship exists and that it is supportive in nature.
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References
- Photo Credit wedding image by Mat Hayward from Fotolia.com
