Best Marriage Lawyers in Florida

About Marriage Law in Florida, United States

Florida treats marriage as a civil contract governed by statute and court decisions. The state regulates how marriages are formed, recognized, and dissolved, and it also addresses related matters such as child custody and support. Most rules are found in Florida Statutes and are interpreted by Florida courts.

Key concepts include the requirement to obtain a marriage license, the ceremony performed by a qualified officiant, and the legal effects of marriage on property, debts, and parental rights. Florida recognizes same sex marriage and the rights that come with it, following federal decisions since 2015. For practical guidance, consult official resources for the exact steps and forms you will need.

In addition to marriage formation, Florida law also governs divorce, alimony, and property division when marriages end. The process and outcomes depend on whether the case is contested or uncontested, and on factors like income, assets, and whether children are involved. For precise guidance, rely on licensed counsel and official sources such as Online Sunshine and the Department of Health.

Florida licenses for marriage are typically valid for 60 days from issuance and may require a three-day waiting period unless premarital counseling is completed. Source: Florida Department of Health

Florida recognizes common law marriages that were validly formed in another state, but Florida itself generally does not create new common law marriages. Source: Florida Statutes and case law

For official guidance, see these government and official resources: Online Sunshine (Florida Laws) and the Florida Department of Health (Marriage Licenses). The Florida Bar provides lawyer referral resources for those seeking counsel.

Why You May Need a Lawyer

Engaging a lawyer can clarify rights and obligations and help protect you in sensitive situations. Below are concrete, Florida-specific scenarios where legal help is essential.

• You are drafting a prenuptial or postnuptial agreement to protect substantial assets or family business interests. An attorney ensures enforceability and avoids waiver of rights you may later rely on.
• You anticipate or are involved in a contested divorce with custody disputes, complex property division, or alimony. A lawyer helps you pursue or defend equitable outcomes and protect parental rights.
• You are an immigrant spouse or work with a non citizen and need to address how marriage affects immigration status and visa/green card applications. An attorney coordinates family law with immigration considerations.
• You face domestic violence issues or a protective order that impacts marital rights, housing, or custody. A lawyer helps you navigate safety orders and preserve rights.
• You have children from a previous relationship or plan to relocate with a child. An attorney advises on relocation, custody modifications, and child support obligations under Florida law.
• Your marriage involves sizable debts, family businesses, or a complex asset portfolio. A lawyer plans equitable distribution and tax implications in Florida.

Local Laws Overview

This section highlights two to three Florida-specific laws or regulatory concepts that govern marriage, with notes on how they affect practical decisions. Always consult the current text of the statutes and official resources for the exact wording and any updates.

• Marriage License and Premarital Counseling Requirements Florida requires couples to obtain a marriage license from the county clerk and to perform a ceremony with a recognized officiant. A premarital counseling course can waive the three-day waiting period in some cases, expediting the ceremony. The license is generally valid for a limited period from issuance. For official details see the Florida Department of Health and the Online Sunshine statutes page.
• Common Law Marriage Recognition Florida does not recognize new common law marriages formed within the state, but it may recognize a common law marriage valid where it was formed if the relationship predates Florida’s statutes or was recognized by a source jurisdiction. This distinction is important for couples who move to Florida and for those who want to avoid ambiguity about marital status. See Florida statutes and related case law for specifics.
• Dissolution of Marriage and Related Issues Florida law governs divorce, alimony, equitable distribution of property, and child support through Chapter 61 and related sections. The statutes cover proceedings, temporary orders, and final judgments, including how assets and debts are divided and how support is calculated. See Online Sunshine for the current text of these provisions and court guidance on procedures.

Frequently Asked Questions

What is the minimum age to marry in Florida and are there exceptions?

In Florida, minors may marry only with parental consent and court approval in certain circumstances. Adults 18 or older may marry without parental consent. The exact age rules and processes are defined in state law and can vary by jurisdiction.

How do I obtain a Florida marriage license and what documents are required?

Both parties must apply in person at a county clerk's office. You typically need government-issued IDs, your Social Security number if you have one, and any applicable name or status documents. The clerk provides the license after verifying eligibility.

What is the waiting period for a Florida marriage license and can it be waived?

A three-day waiting period applies generally, but completing a premarital counseling course can waive the waiting period. The license is valid for a limited time after issuance, usually 60 days.

How long does dissolution of marriage typically take in Florida for a typical case?

Uncontested divorces often finalize in 30-60 days after filing, while contested cases can take several months to a year. Timelines depend on court schedules, parenting matters, and whether there are disputes over assets or alimony.

Do I need a lawyer to draft a prenuptial agreement in Florida?

While you can use forms, an attorney helps ensure the agreement is enforceable and free of unconscionable terms. A lawyer also helps incorporate asset protections and tax considerations specific to Florida.

How much does filing for divorce cost in Florida and what fees apply?

Filing fees vary by county and can range from a few hundred dollars to higher amounts. Additional costs include service of process, mediation, and potential attorney fees if you hire counsel.

Is same-sex marriage recognized in Florida and are there any special considerations?

Yes, same-sex marriage is recognized in Florida. Rights and obligations mirror those of opposite-sex marriages, including custody, support, and property division. Procedures are the same for obtaining a license and conducting ceremonies.

What is an annulment in Florida and when is it available?

An annulment declares a marriage void or voidable due to specific enumerated circumstances. It is different from a divorce and may have different timing and grounds under Florida law.

Should parents hire a lawyer for child custody disputes in Florida?

In custody disputes, legal counsel helps navigate best interests of the child, potential relocations, and court procedures. A lawyer can help negotiate parenting plans and represent a parent's position at hearings.

What does equitable distribution mean in Florida divorces?

Equitable distribution means assets and debts acquired during the marriage are divided fairly, though not always equally. Florida emphasizes fairness and considers factors like duration of the marriage and each spouse's economic circumstances.

What is the difference between dissolution of marriage and separation statutes in Florida?

Florida does not generally recognize formal legal separation; most marital disputes proceed through dissolution of marriage. Couples may live apart, but only a dissolution order ends the marriage and resolves rights and duties.

Can I relocate with my child after a Florida divorce and what factors affect approval?

Removal to another state is controlled by the court and depends on factors like the child’s best interests, parental involvement, and logistics. Any relocation request typically requires a court hearing and may modify a parenting plan.

Additional Resources

• Florida Department of Health - Marriage Licenses Official information on how to obtain a marriage license, eligibility, and required documents. https://www.floridahealth.gov/certificates/certificates/marriage/index.html
• Online Sunshine - Florida Statutes Official source for Florida law on marriage, dissolution of marriage, and related family law topics. https://www.leg.state.fl.us/
• The Florida Bar Lawyer referral and consumer information for finding a qualified family law attorney in Florida. https://www.floridabar.org/
• Florida Courts - Family Law Self Help Center Resources and information about divorce, child custody, and related procedures. https://www.flcourts.org/

Next Steps

1. Clarify your goals and gather key documents such as marriage license, asset lists, debt statements, and any existing parenting plans or custody orders. This forms the basis for a practical plan.
2. Research Florida family law attorneys who specialize in divorce, custody, and premarital agreements. Use The Florida Bar and trusted legal directories to assess experience and reputation.
3. Schedule a fee-based initial consultation with 1-2 attorneys to compare approaches, timelines, and costs. Bring your documents and prepare questions about strategy and communication.
4. Ask about fee structures, retainer requirements, and anticipated expenses. Request a written estimate for the likely total cost and timeline for your case.
5. Develop a realistic timeline with your attorney for filings, discovery, mediation, and hearings. Confirm procedural steps for your county and court jurisdiction.
6. Agree on a communication plan, including how often you will receive updates and through which channels. Ensure you understand who handles negotiation and court appearances.
7. Sign a retainer agreement only after you understand the scope of representation, expected costs, and your rights to terminate counsel. Plan for periodic reviews as your case evolves.