It's important to be familiar with the marital laws of your state.
For couples who are considering getting married or who are already married in the state of Florida, it's a good idea to familiarize oneself with the state's marital laws. These laws make up Chapter 741 of Florida's law code, which covers Marriage and Domestic Violence.
Licensing Requirements
In order to apply for a marriage license, both applicants must furnish identification and their Social Security numbers. If the applicant has been married before, he or she must provide the date the divorce was finalized or, in the case that it was recent, physical proof of the divorce. The state of Florida doesn't required couples applying for marriage to get a blood test.
As of January 1, 1999 persons who wish to get married in the state of Florida need to complete a 4-hour premarital course or have a three day waiting period applied after submission of the application. The Florida marriage license fee is $61 for couples who complete this course and $93.50 for those who choose not to.
Applicants should contact their Clerk of Court's office where the marriage will be taking place. They can find a list of Clerks of Court offices on the State Library and Archives of Florida website at dlis.dos.state.fl.us
Premarital Preparation Course
According to Statute 741.0305, applicants for a marriage license who complete a premarital preparation course have a license fee reduction of $32.50. The course may include such topics as conflict management, communication, finances, and parenting and children. Marriage license applicants must participate in a course by an instructor recognized as qualified by the state, including a licensed psychologist, clinical social worker, marriage or family therapist, mental health counselor, a qualified representative of a religious institution, or other course providers who are certified. The applicants must pay for the course themselves. After completing the course, the course provider will give the applicants a certification of completion.
Waiting Period
The license is effective three days after applying to get married, unless the couple elects to take a premarital course; in which case the marriage can take place right away. The waiting period is intended as a way for couples to "think things out" and make sure they are sure they want to get married. Some states require a long waiting period between the time you receive your marriage license and when you get married, but in the state of Florida, there is no such waiting period, and you can get married immediately.
Marriage License Expiration
The marriage license issued by the state of Florida is valid for 60 days after it is issued. It must be completed and returned to the Clerk's Office within 10 days after the marriage is performed.
Common Law Marriages
Although there are sixteen U.S. states that do recognize common law marriages, the state of Florida does not.
Same Sex Marriages
According to Statute 741.212, marriages between persons of the same sex aren't recognized for any purpose in the state of Florida. "The term 'marriage' means only a legal union between one man and one woman as husband and wife, and the term 'spouse' applies only to a member of such a union."
Incestuous Marriages
Marriage to anyone who is related to by lineal consanguinity or to one's sister or brother, aunt or uncle, or niece or nephew, is prohibited in the State of Florida, according to Statute 741.21.
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