About Marriage Law in Florida, United States
Marriage in Florida is defined as a legal union between two individuals, providing both personal and legal rights and obligations. The State of Florida recognizes marriages performed within its jurisdiction and out of state, provided they comply with Florida law. Marriage laws establish the legal requirements for entering into marriage, the rights and responsibilities of spouses, and the procedures for dissolving a marriage if necessary. Understanding these laws is crucial for anyone considering marriage, as well as for those dealing with related legal matters such as divorce, prenuptial agreements, or property rights.
Why You May Need a Lawyer
While many marriages proceed without legal complications, there are several situations in which consulting a lawyer can be highly beneficial. Common reasons to seek legal help include:
- Drafting or reviewing a prenuptial or postnuptial agreement to protect individual assets and interests
- Understanding legal rights and obligations if one party is a foreign national or if there are immigration considerations
- Navigating complex issues of property division, alimony, or child custody in the event of a divorce
- Assisting with the recognition of same-sex or common-law marriages from other jurisdictions
- Addressing legal obstacles such as previous marital status, age requirements, or consent issues
- Handling cases involving domestic violence or seeking protective orders
- Ensuring that a wedding performed out of state or in a different country is legally recognized in Florida
Local Laws Overview
Florida has specific laws governing marriage that are important for residents and those planning to marry in the state:
- Marriage License Requirement: Couples must obtain a marriage license from a Florida county Clerk of Court before marrying. Both parties must be present, provide proper identification, and pay a fee.
- Residency: There is no residency requirement to marry in Florida, but non-Florida residents must comply with the same rules as residents.
- Waiting Period: Florida residents must wait three days after obtaining a marriage license before marrying, unless they have completed a premarital preparation course. Non-residents do not have a waiting period.
- Minimum Age: The minimum age to marry is 18. Minors who are 17 years old can marry with parental consent and if the age difference between the parties is less than two years.
- Prohibited Marriages: Marriages between close relatives, or when one party is still married to someone else, are not permitted.
- Common Law Marriage: Florida does not recognize new common law marriages, but does recognize those established in other states before January 1, 1968, or outside Florida if valid where they were formed.
- Same-Sex Marriage: Legal in Florida as of January 6, 2015, following federal and state court decisions.
Frequently Asked Questions
Is there a waiting period for getting married after obtaining a license?
Yes, Florida residents must wait three days after obtaining a marriage license to get married, unless they complete a premarital preparation course. Non-residents do not have a waiting period.
What do I need to bring to obtain a marriage license in Florida?
Both parties must be present and provide valid photo identification, such as a driver's license, state ID, or passport, and may also need to provide their Social Security numbers.
How much does a marriage license cost in Florida?
The fee varies by county but is typically around 86 dollars. Completing a premarital preparation course may reduce the fee.
Can minors get married in Florida?
Minors aged 17 may marry with parental or guardian consent, provided the other party is no more than two years older. Persons under 17 cannot marry under any circumstances.
Are same-sex marriages legal in Florida?
Yes, same-sex marriage has been legal in Florida since 2015, and couples have the same rights and obligations as opposite-sex married couples.
Does Florida recognize common law marriage?
Florida does not allow new common law marriages, but does recognize common law marriages established in Florida before January 1, 1968, or those validly entered into in other jurisdictions.
Can I marry my cousin in Florida?
No, marriages between close relatives, such as siblings or parents and children, are prohibited. However, first cousin marriages are legal in Florida.
Is a blood test required to get married in Florida?
No, Florida does not require couples to undergo a blood test to obtain a marriage license.
How can I ensure my foreign marriage is recognized in Florida?
Florida recognizes marriages performed outside the state or country as long as they were valid in the place where they occurred and do not violate Florida public policy.
What if one party is still legally married to someone else?
Bigamy is illegal. You cannot marry in Florida if either party is still legally married to another person.
Additional Resources
For more information or assistance with marriage-related legal issues in Florida, consider reaching out to the following resources:
- Florida Department of Health: Office of Vital Statistics (marriage records and certificates)
- Your local Clerk of Court (marriage license applications and legal requirements)
- Florida Bar Association (referral to qualified family law attorneys)
- Legal Aid organizations in your county (often provide free or low-cost legal advice and assistance)
- Florida Courts Self-Help Center (self-help forms and guidance for legal processes)
Next Steps
If you need legal assistance related to marriage in Florida, consider the following steps to protect your interests and navigate the legal process:
- Gather relevant documentation, such as identification, any previous divorce decrees, or prenuptial agreements
- Contact a qualified family law attorney, especially if your situation involves complex matters such as assets, children, or international issues
- Visit your local Clerk of Court for information on obtaining a marriage license or recording your marriage
- Utilize resources from the Florida Bar Association or Legal Aid for referrals or legal clinics
- Stay informed about your rights and responsibilities by reviewing official guidance from state resources
Taking these steps can help ensure your marriage meets all legal requirements and that you are protected in the event of a legal dispute or major life change.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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