Florida Marriage License Requirements

Getting married in Florida requires you to obtain a marriage license from your county clerk‘s circuit court office. Both you and your future spouse must apply together in person, bring valid identification, and provide your Social Security numbers. If you’ve been married before, you’ll need details about when and how that marriage ended.

The state of Florida has specific requirements regarding who can marry, where to apply, and the documents required. Missing a step in the licensing process could delay your wedding or lead to legal complications in the future. Understanding these requirements now can save you stress later.

If you’re dealing with complex issues related to marriage requirements or prior marriages, consider speaking with a Florida family law attorney. They can help you navigate situations involving age requirements, previous divorces, or other legal questions.

How To Apply for Your Marriage License

To marry in Florida, you’ll need to first obtain a marriage license from the clerk of the circuit court’s office. Many counties in the state allow couples to complete the marriage license application online, but most still require both parties to appear in person at the clerk’s office location as well to finalize the marriage license. 

When you go to the clerk’s office, it is important that you bring the following items to your appointment:

• Valid photo identification (driver’s license, passport, birth certificate, state identification card, or U.S. military ID)
• Your Social Security number and date of birth
• For non-U.S. citizens, you may need to provide your alien registration number
• Most counties require birth certificates when applicants are 17 years of age, and may also require parental consent to marry
• Details about any previous marriages, including exactly when the last marriage ended and whether it ended through divorce, death, or annulment

Florida laws also require you to confirm, by affidavit or written statement, that you have read or accessed the family law handbook. The handbook explains your responsibilities and legal rights as married couples in Florida.

Additional Marriage License Requirements for Divorced Applicants

Some counties require additional documentation for recently divorced applicants. What qualifies as “recent” varies by county. Every county in Florida requires you to know the exact date your previous marriage ended and how it terminated. You have to state whether the previous marriage ended through death, annulment, or divorce.

It is also important to note that counties handle divorce documentation differently. Some counties require a divorce decree if the marriage ended recently. For instance, in St. Lucie County, if the divorce occurred within the last six months, you’re required to supply a certified copy of your divorce decree. If it’s more than six months, you only need to give the exact date it ended.

Other counties don’t require the divorce decree at all. Bay County only asks for the date of your divorce. You do not need to bring the actual copy of your divorce decree to your appointment.

Because the requirements differ in each county, it’s a good idea to call your county clerk’s office. You can ask them whether you need a certified copy of your divorce decree, and if it matters how long ago the divorce was finalized. You can also ask if they need a death certificate if the reason for the end of the previous marriage was that your previous spouse died.

Who Can Perform Your Marriage Ceremony

Certain individuals must officiate your marriage for it to be valid. Florida Statutes list these officiants, which include the following:

• Regularly ordained ministers of the gospel
• Elders in communion with a church
• Other ordained clergy
• Judicial officers, including retired judicial officers
• Clerks of the circuit courts
• Florida notaries public

Members of the Society of Friends (Quakers) can also solemnize marriages in accordance with their traditional rites and ceremonies. After your ceremony, the officiant must complete the marriage certificate and return it to the county clerk within 10 days for recording in the official records.

Premarital Education Courses

For Florida residents, there is a mandatory three-day waiting period before the marriage license becomes effective. This means if you apply on Monday, the effective date of your marriage license won’t be until Thursday. The county clerk can waive this waiting period if you complete a premarital preparation course from a registered provider. Non-Florida residents are exempt from this waiting period.

The course must be taught by someone registered with the circuit court clerk. A qualified premarital course provider includes:

• Licensed psychologists
• Clinical social workers
• Marriage and family therapists
• Mental health counselors
• Religious representatives with appropriate training

When you finish the course, you’ll receive a certificate of completion. Bring this certificate when you apply for your license to get the reduced fee and waived waiting period.

Age Requirements for Marriage

You must be at least 18 years old to marry in Florida without restriction.

If you’re 17, you can marry only under these specific conditions:

• Both your parents (or your legal guardian) provide written consent
• Your future spouse is no more than two years older than you
• You provide appropriate documentation

Florida prohibits anyone under 17 from marrying, regardless of parental consent or circumstances.

Marriage License Validity and Costs

Your Florida marriage license expires exactly 60 days after issuance by the clerk. The license becomes void if you don’t get married within those 60 days, and you’ll need to go through the application process again.

The standard marriage license fee is $86, but it may vary by county. In some cases, counties also offer a reduced license fee for those who have completed a premarital preparation course. If you would like to learn about the exact fees that you have to prepare for, you can call your county clerk’s office or check your county marriage license website.

Same-Sex Marriage in Florida

Same-sex marriage has been legal throughout Florida since the Supreme Court’s 2015 decision in Obergefell v. Hodges. All couples face identical requirements when applying for a marriage license, regardless of gender.

Common Law Marriage Recognition

Florida stopped recognizing common law marriages on January 1, 1968. This means you won’t be considered legally married in Florida unless you obtain a license and have a ceremony. It doesn’t matter if you’ve lived together for decades.

Florida does recognize valid common-law marriages formed in other states. If you established a common-law marriage in a state that recognizes them, Florida will treat it as valid.

Void and Voidable Marriages

Understanding what makes a marriage void or voidable in Florida is important for couples considering marriage. A void marriage is considered invalid from the moment it began. This type of marriage can never be made legal. A voidable marriage is valid until a court declares it invalid.

Marriages That Are Void

Florida considers marriages automatically void when:

• One spouse is already married to someone else (bigamy)
• The spouses are close blood relatives (parent and child, siblings, aunt and nephew, or uncle and niece)
• Someone under 17 attempted to marry, a 17-year-old married without proper parental consent, or a 17-year-old married someone more than two years older
• One party lacks the mental capacity to understand marriage and its obligations

Void marriages are invalid from the beginning and can never become legally valid.

Marriages That Are Voidable

Voidable marriages remain legally valid unless a court annuls them. These situations may allow annulment:

• One spouse committed fraud or misrepresented something fundamental to the marriage
• Someone was forced or threatened into marrying
• One party was under the influence of drugs or alcohol during the ceremony
• One spouse knowingly concealed impotence
• The couple married as a joke or without genuine intent

Other instances may apply as well.

Changing Your Name After Marriage

Marriage is one of the most common reasons people change their names. Your marriage certificate serves as legal proof of your name change. After your officiant returns the completed license to the county clerk, you can request certified copies of your marriage certificate.

To officially update your name, you’ll need to:

• Complete Form SS-5 at the Social Security Administration with your marriage certificate and proof of identity
• Visit the Florida Department of Highway Safety and Motor Vehicles within 30 days to update your driver’s license or state ID
• Update your passport with the U.S. Department of State if you have one
• Notify your bank, insurance companies, employer, and other relevant institutions

A Clerk of the Circuit Court can answer any questions you might have, as can a Florida family law lawyer.

Get Legal Help With Your Marriage License

Marriage laws can get complicated, especially when you’re dealing with previous marriages, age requirements, or other unique circumstances. A qualified Florida family law attorney can help you understand your rights and ensure you meet all legal requirements properly. If you need help navigating Florida’s marriage laws, contact a family law attorney near you. They can guide you through the process and help avoid potential legal issues before your wedding day.