Eleanor Finch
Florida has specific requirements for a marriage to be considered legal. These include age, residency, and citizenship requirements, as well as the need for a marriage license and an official ceremony. Florida does not recognize common-law marriages established within the state after January 1, 1968, but there are exceptions and complexities to these rules. Understanding these requirements is crucial for couples seeking to establish a legally recognized marriage in the state.
| Characteristics | Values |
|---|---|
| Minimum age | 18 years old |
| Parental consent | Not required for those 18 and over |
| Marriage license | Required |
| Waiting period | Three days or completion of a four-hour premarital course |
| Residency or citizenship requirement | None |
| Common-law marriage recognition | Only if entered into before January 1, 1968 |
| Same-sex marriage | Legal |
| Name change requirement | None |
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What You'll Learn
Marriage licenses
Florida does not recognise common-law marriages established within the state after 1st January 1968. This means that if a couple meets the general conditions for a common-law marriage but hasn't had a ceremonial marriage, Florida law doesn't consider them legally married. However, there is an exception to this rule, known as the "Full Faith and Credit Clause" of the US Constitution. Florida must acknowledge the laws and judicial decisions of other states, so if a couple has a valid common-law marriage from another state that recognises such unions, Florida will also recognise it.
To obtain a marriage license in Florida, couples can apply at the Marriage License Bureau and Districts. They must complete an online pre-application before visiting the office. Both parents or legal guardians of underage applicants must be present with valid photo identification. If the parents are divorced and one has full custody, only the consent of the custodial parent is required, along with the necessary documentation. Additionally, Florida law prohibits issuing a marriage license to anyone under 17 years of age, and there is a mandatory three-day waiting period for Florida residents before the license takes effect, unless they opt for a four-hour premarital course.
Marriage ceremonies in Florida can be performed by ordained ministers, ordained clergy, judges, clerks of the circuit court, and Florida notaries public. Obtaining a Florida marriage license does not require taking the spouse's surname, but if desired, the necessary documents should be updated. Overall, marriage licenses are a prerequisite for legal marriage in Florida, and couples should be aware of the requirements and exceptions to ensure their union is legally recognised.
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Common-law marriages
In Florida, a couple wishing to marry must apply for a marriage license in person and be 18 years old or older. There is no residency or citizenship requirement to apply for a Florida marriage license. However, Florida does not recognize common-law marriages established within the state after January 1, 1968. This means that if a couple meets the general conditions for a common-law marriage but has never been ceremonially married, Florida law does not consider them legally married.
A common-law marriage typically involves a couple living together for a certain period, presenting themselves as a married couple, and having the intent to be married. However, without a valid marriage certificate, Florida will generally still consider the couple "legal strangers." This means that the couple will not have the same legal protections as a married couple, such as lower taxes, access to spousal support in the event of a breakup, and inheritance rights if one spouse dies without a will.
There is an exception to the rule, known as the "Full Faith and Credit Clause" of the United States Constitution. Florida must acknowledge the laws and judicial decisions of other states. So, if a couple has a valid common-law marriage from another state that recognizes such unions (like Colorado, Iowa, or Texas), Florida will recognize that marriage.
While Florida does not recognize common-law marriages initiated in the state, there are alternatives for unmarried couples to gain certain legal protections. Some cities and counties in Florida will allow a couple to register their domestic partnership, which may provide some of the same rights as a married couple, such as making healthcare decisions for an incapacitated partner. Additionally, a cohabitation agreement can establish a marriage-like agreement, including terms to help with the purchase of property and protect personal property.
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Parental consent
Under Florida Statute 741.04, it is prohibited to issue a marriage license to anyone under the age of 17. All Florida residents have a mandatory three-day waiting period before the marriage license becomes effective, or they have the option of attending a four-hour premarital course from a registered provider.
To obtain a marriage license, couples must apply in person. There is no residency or citizenship requirement to apply for a Florida marriage license. A Florida marriage license allows a couple to get married anywhere in the state, regardless of the county the license was purchased from.
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Marriage ceremonies
Florida does not recognize common-law marriages established within the state after January 1, 1968. This means that if a couple meets the general conditions for a common-law marriage, such as living together and presenting themselves as a married couple, but has not had a ceremonial marriage, Florida law does not consider them legally married. There is an exception to this rule, known as the "Full Faith and Credit Clause" of the US Constitution, which requires Florida to acknowledge the laws and judicial decisions of other states. Therefore, if a couple has a valid common-law marriage from another state that recognizes such unions, Florida will recognize their marriage.
For underage applicants, a person who is at least 17 years old may marry if the other party is no more than two years older. All underage applications are processed at the Central Marriage License Bureau, and there is a mandatory three-day waiting period for Florida residents before the marriage license becomes effective. Alternatively, couples can opt to attend a four-hour premarital course from a registered provider.
It is important to note that Florida does not require a person to take their spouse's last name upon marriage. However, if one spouse chooses to do so, they should update their name on relevant documents, including their Social Security card, driver's license, passport, voter registration, credit cards, and bank accounts.
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Legal rights
In Florida, married couples have different legal rights than unmarried couples, regardless of how long they have lived together. There are several benefits given only to couples that are legally married under Florida law. These include spousal support, where upon separation, one partner may be entitled to spousal support in a recognized marriage.
Another right is the ability to inherit property from your spouse's estate. Married couples can also share marital assets and debts, and in the event of a divorce, there is a right to a division of property that is fair to each party.
Florida does not recognize common-law marriages that have been established within the state after 1 January 1968. This means that if a couple meets the general conditions for a common-law marriage but has never been ceremonially married, Florida law does not consider them legally married. There is an exception to this rule, often known as the "Full Faith and Credit Clause" of the United States Constitution. Florida must acknowledge the laws and judicial decisions of other states. So, if a couple has a valid common-law marriage from another state that recognizes such unions, Florida would recognize that marriage.
Marriage licenses are issued by the clerk of a circuit or county court judge and are valid for 60 days after the date of issuance. Two people who are both at least 18 years old can get married without a parent's consent. There is no residency or citizenship requirement to apply for a Florida marriage license. Marriage ceremonies can be performed by ordained ministers of any church, ordained clergy, judges, clerks of the circuit court, and Florida notaries public.
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Frequently asked questions
Unlike a ceremonial marriage that requires a license and official ceremony, a common-law marriage typically involves a couple living together for a certain period, presenting themselves as a couple, and having the intention to be married.
Florida does not recognize common-law marriages established within the state after January 1, 1968. However, Florida will recognize a common-law marriage from another state.
A couple must apply for a marriage license in person and be 18 years old or over. There is no residency or citizenship requirement to apply for a Florida marriage license. A Florida marriage license is valid for 60 days after the date of issuance and allows a couple to get married anywhere in Florida.
Marriage ceremonies can be performed by ordained ministers of any church, ordained clergy, judges, clerks of the circuit court, and Florida notaries public.
