Process for Obtaining a Florida Marriage License

If you want to get married in the State of Florida, you need to know about Florida marriage license laws. First of all, what do you need to know about Florida marriage laws to fill out a Florida marriage license application? What documents and supporting data do you need to bring with you to do just that? To get married, you need to apply and receive a marriage license--this is the one document you need in the US to be married legally.

The rules for getting your marriage license vary from state to state, and within a state, they could vary from county to county. What’s more, these rules might be changed whenever a new administration or legislators want them changed. That means when you actually apply for your Florida marriage license, the rules may well have changed. You just have to check out the rules that apply at your clerk of court's office when you do apply.

Generally speaking, it is smart to submit your application about a month ahead of your marriage date to avoid delays. The validity period of marriage licenses also varies from weeks to a year or more. You would not want your license to expire before the big day! However, a Florida marriage license stays valid up to 60 days from its issue.

To be eligible for the license, you need supporting documentation to establish your identity and age, such as a birth certificate and similar other documents. You will also have to ensure that these documents are authenticated as fully as possible.

In Florida, identity can be established with a valid driver’s license, passport or I-94 card. Both of you will need to be present and submit the identifying document/s, which will validate your names, ages and addresses (including state of origin).
 
You will need to have witnesses present as well when you sign the license application. What most people do is make the maid of honor or the best man, or both of them (depending on the jurisdiction’s rules) go along to the courthouse as witnesses to the county clerk’s office.

The bride will also need to include what her married name will be on the final marriage certificate. She will now have the opportunity to specify that name on the Florida marriage license application.

Some states require applicants to be residents for a specific period to become eligible for a marriage license. Florida does not. Non-residents are free to get married in the state as well.

Florida enforces a waiting period conditionally on residents. Applicant couples who have both completed a state-sanctioned marriage preparation course within the last 12 months do not have to wait, and they also qualify for a discount on the $ 93.50 marriage license fee. Those who have not taken the course have to wait three days and forfeit this discount.

This waiting period aims to deter divorce by compelling Florida couples to contemplate its painful consequences even before they get married. In cases of extreme hardships, county court clerks are empowered by law to waive the three-day waiting period.
 
If previously married, the date of divorce or of the spouse's death must be disclosed. If either has happened within the previous 30 days, a certified copy of the divorce decree or death certificate is required. Applicants face no other tests, including blood tests in the State of Florida.

Florida marriage laws are fairly clear in their exclusions. They permit cousin marriages but draw the line at common law, same-sex and proxy marriages.

At What Age are You Eligible for a Marriage License in Florida?

If you are an individual under 18 years of age but older than 16 years of age, a marriage license can be acquired with the help of your parents. If that parent has sole custody (in the event of a divorce) or the other parent is dead, the permission of the surviving parent is enough to secure a marriage license.

If you are under the age of 16, a county judge must issue the marriage license, with or without parental permission. If you are a minor and also an orphan without an appointed guardian, you may apply for a license. This is also true for a minor who has been married previously.

A minor who states under oath that he/she has a child or is expecting a baby can apply for a license if a physician confirms the parentage of the child or pregnancy in writing. A county court judge then has the discretion to issue a license to a minor couple.

As for the marriage ceremony, any licensed clergy of any recognized religion, notary public or judge can perform the marriage ceremony. He/she must then complete the marriage license and send it to the county authorities. The clerk records the information before sending it to the State Registrar. The person who performs the marriage must also keep a file to store a copy of the record.