Marriage in Florida: for foreigners, prison, age, without licence, how to annul. Marriage is a lifelong commitment to devote oneself to their partner selflessly.
Table of Contents
Introduction
Marriages are the beginning; of a new bond that involves physical, emotional, and spiritual attachment. Every country has different views and laws regarding marriages, as Florida has.
In Florida, the marriage was defined under FLORIDA STATUTES § 741.212(3) as a relationship forming a legal union between one man and one woman only. The term ‘spouse’ gets used for the persons getting married to each other. Thus, only a man and woman can commit to marriages under Florida law.
However, can a foreigner marry under Florida law or be eligible to get a marriage licence in Florida? Are there any legal age requirements to get married in Florida? How to annul a marriage and get divorced in Florida?
Let’s dig out the answers to your every question.
Marriages laws for foreigners in Florida
To get a marriage licence in Florida, you don’t need to be a state resident. The Florida marriage licence is valid in under 50 states internationally.
Florida law allows every foreigner to get a marriage licence by applying to the county court from anywhere they live or getting married in the state. They need to follow the same procedure as any other resident citizen in Florida. The mandatory requirement they need to follow are as follows:
- Both the parties willing to get married need to personally visit and apply to the county court from anywhere in Florida State.
- If either or both the party is from a foreign country and not a US Citizen; they need to furnish an alien registration document or another identification document that contains; an alien registration number.
- They need to complete a four-hour premarital preparation course to get a valid certificate. If the certificate does not produce, the marriage licence can get delayed for; 3 days.
- But the county court can exempt foreign residents from the delay period of 3 days and immediately issue marriage licences.
After fulfilling the requirements, the non-resident citizen in Florida can obtain a valid marriage licence under Florida law. They do not need to spend a minimum of days or years; to become eligible for a marriage licence in Florida.
Can prisoners get married in Florida?
Yes, inmates in prison can get married in Florida, but if allowed to do so. Under Fla. Admin. Code Ann. R. 33-503.002, inmates willing to get married; must submit a marriage request form to the chaplain or warden of the institution. After receiving the marriage request form, the Chaplain will advise about the information and documents they need to furnish. The inmates of prison must furnish the following document to the chaplain:
- A written statement indicating the desire of both the parties to get married.
- A notarized parental consent if any of the parties is below 18 years of age and at least 17 years of age.
- Proof of divorce certificate or death certificate in case of precious marriage.
After reviewing all the documents and information, the Chaplain may allow the inmates to get married in prison. The Chaplain will allow; them only if they do not pose any threat to security, the security, and the peace of the institution or the state. If the chaplain declines the request form, he must inform the concerned authority.
After getting approval, the inmates in prison can get the marriage licence and submit the documents required for the same.
A marriage in prison is generally organised in visitation parks with certain restrictions. They are not allowed to lighten the unity candles, share wines and break the glass.
What is the legal Marriage age under Florida law?
Every country has its laws regarding marriages and the legal age to marry any person. These laws differ from country to country. On attaining a certain age, a person becomes eligible to marry any person of their choice; the age differs under each country’s law. Like other countries, Florida prescribes age requirements to get married.
FLORIDA STATUTES § 741.04(1), a county court judge or clerk of the circuit court can refrain from issuing a marriage licence to a person below 18 years of age. Thus any person below 18 years old cannot get married; under Florida law. But, there is an exception. A person can get married below the age requirement depending upon; whether the parents consent or not.
According to FLORIDA STATUTES § 741.04, (b) a person below the age of 18 years can get married; if that person is at least 17 years old and provide the notarized consent of their parents or authorised legal guardian to take an acknowledgment. Such consent is not needed for a person to meet the age requirements condition.
However, a person below 17 years old is prohibited from marrying, no matter whether their parents consent or not.
Besides, there are some other mandatory requirements given under Florida law regarding the age requirement for marriage are:
- The older party marrying a 17-year-old must not be more than; 2 years older than the younger ones.
- The couple needs to furnish their social security number or valid identification proof.
- Their respective age proof
- A premarital preparation course is mandatory to perform either individually or together by both the parties to the marriage. The certificate of completion of these courses must be furnished to the licence issuing authority.
- If the parties do not furnish a premarital preparation course certificate, a marriage licence date can get delayed for; 3 days. However, these rules can get compromised for foreigners or couples asserting hardship.
Thus, any person who wants to get married must meet all the mandatory conditions mentioned under these sections.
Marriage in Florida without a licence:
Marriage is a vital aspect of Florida’s cultural norm of the society. Any person wishing to get married in Florida must obtain a valid marriage licence as stated under FLORIDA STATUTES § 741.08. No marriage; gets reckoned as a legal marriage without obtaining a valid marriage licence in Florida.
Thus, getting a marriage licence is mandatory under Florida law.
A married licence; gets obtained by applying to any county court or Clark office from any place; where you live or getting married. Both persons willing to get married must apply to the country court before; getting married or within; 10 days after the marriage ceremony.
Before applying for a marriage licence, ensure you both have a social security number and valid identification proof ready. If any of the parties are divorced, they need to furnish proof of their divorce.
In Florida, couples get required to furnish a premarital preparation course certificate. If they do not submit these certificates, they need to wait for 3days to get their marriage licence.
This licence remains valid for 60 days from the date of issuance. If the couple misses the deadline to get married, they need to reapply for the same.
How to annul marriages in Florida:
Florida law does not explicitly define annulment, but appellate courts have provided binding precedents to get applied in such cases. Even though it is difficult and rarely addressed under Florida law books, an annulment can be obtained in Florida.
Florida recognized several grounds or reasons for annulments. Bigamy, same-sex marriage, incestuous marriages, minor marriages, and one spouse being mentally incapacitated are some of the reasons in which a marriage is considered void and eligible for annulment. Besides, fraud, duress, misrepresentation, intoxications, and impotent spouses are some reasons marriages are considered avoidable and can get annulled.
In both cases, whether the marriage is void or voidable, you need to get a decree of annulment to legally end your marriage. Apply in the Florida circuit courts dealing with family matters for annulment. Before applying, prepare all the evidence to support your claim.
The burden of proof falls on your shoulder to prove your claim against the defendant. If the Dependant files a counterclaim to dissolve the marriage, the court can grant you a divorcé decree instead of annulments.
For this reason, consult an attorney to advise and fight your case.
The annulment in Florida does not affect your child custody case except in certain circumstances. The children from void marriages are considered illegitimate whereas the child in voidable marriages is legitimate. Voidable marriages are considered valid in the eye of law and thus, the child is legitimate.
What are the basic requirements to get married in Florida?
To get married in Florida, couples must meet specific legal requirements. Both parties must be at least 18 years old unless they have parental consent and a court order for minors aged 16 or 17. A valid marriage license is mandatory, which can be obtained from any county clerk’s office in Florida. There is no waiting period after obtaining the license, but it must be used within 60 days of issuance. Both individuals must provide proof of identity, such as a driver’s license or passport, and disclose if they have been previously married. Florida does not require blood tests or residency to obtain a marriage license, making it accessible for non-residents as well.
Can non-residents get married in Florida?
Yes, non-residents can legally get married in Florida without needing to establish residency. The state allows anyone, regardless of where they live, to apply for a marriage license as long as they meet the age and identification requirements. Non-residents should visit any county clerk’s office to obtain the license, which is valid statewide. This flexibility has made Florida a popular destination for destination weddings. However, couples should ensure their marriage is recognized in their home state or country by checking local laws, especially if they plan to relocate or travel internationally after the wedding.
What is the minimum age to get married in Florida?
The minimum age to marry in Florida is 18 years old. However, individuals aged 16 or 17 may marry with written parental consent and approval from a judge. Minors under 16 cannot legally marry under any circumstances. These restrictions aim to protect young individuals from potential exploitation and ensure that marriages occur between consenting adults. It’s important for parents and guardians to understand these regulations and seek legal guidance if considering marriage for someone under 18. Violating these rules can result in penalties and invalidate the marriage.
How much does it cost to get a marriage license in Florida?
The cost of a marriage license in Florida varies slightly depending on the county but typically ranges from $86 to $90. Some counties offer a discount if both parties complete an approved premarital counseling course, reducing the fee by about $32.50. Payment methods vary by location, so it’s advisable to check with the specific county clerk’s office beforehand. Additional fees may apply for certified copies of the marriage certificate after the ceremony. Couples should budget accordingly and bring acceptable forms of payment when applying for their license.
Is there a waiting period for getting married in Florida?
Florida does not impose a waiting period between obtaining a marriage license and performing the wedding ceremony. Once issued, the license becomes immediately valid and can be used right away. However, it expires 60 days after issuance, so couples must hold their ceremony within this timeframe. This lack of a waiting period makes Florida convenient for those planning last-minute weddings or elopements. Couples should coordinate with their officiant and ensure all paperwork is completed before the expiration date to avoid complications.
Who can officiate a wedding in Florida?
In Florida, only authorized individuals can officiate weddings. These include ordained ministers, priests, rabbis, and other religious leaders, as well as judges, magistrates, and notaries public. Officiants must be registered in Florida if required by their profession or faith. Couples should confirm that their chosen officiant meets these qualifications before proceeding with the ceremony. Additionally, the officiant is responsible for returning the signed marriage license to the county clerk’s office within ten days of the wedding to ensure proper recording of the union.
Can you get married in prison in Florida?
Yes, individuals incarcerated in Florida prisons can marry under certain conditions. The inmate must receive approval from the warden or facility administrator, and the spouse-to-be must not be another prisoner. Both parties must apply for a marriage license, and additional documentation may be required to verify eligibility. The ceremony itself usually takes place inside the correctional facility, often conducted by an authorized official visiting the site. While inmates retain this right, logistical challenges and institutional policies may affect the process, so consulting with prison authorities is essential.
How do you change your name after getting married in Florida?
After getting married in Florida, individuals can change their last name by using their marriage certificate as legal proof. First, obtain a certified copy of the marriage certificate from the county clerk’s office. Then, update your name with the Social Security Administration, Department of Motor Vehicles, banks, employers, and other relevant institutions. Each organization may have its own procedures, so gather necessary documents like the marriage certificate and photo ID. Updating your name promptly ensures consistency across personal records and avoids potential issues with identification or benefits.
What happens if you lose your marriage license in Florida?
If you lose your marriage license in Florida, you can request a duplicate copy from the county clerk’s office where it was originally issued. Certified copies are available for a small fee, typically ranging from $3 to $5 per document. You’ll need to provide identifying information, such as full names, date of marriage, and location of issuance, to facilitate retrieval. Keeping multiple certified copies is advisable, as they are often required for name changes, immigration processes, or other legal matters. Safeguarding these documents prevents unnecessary delays or expenses later on.
Are common-law marriages recognized in Florida?
Florida does not recognize new common-law marriages established within the state. However, if a couple entered into a valid common-law marriage in another jurisdiction that permits it, Florida will acknowledge it as legally binding. Common-law marriages generally require cohabitation, mutual agreement to be married, and holding yourselves out as a married couple. If you believe you qualify based on another state’s laws, consult an attorney to ensure proper recognition of your relationship in Florida and address any related legal concerns.
Can first cousins marry in Florida?
No, first cousins cannot legally marry in Florida. State law prohibits marriages between close relatives, including siblings, parents, grandparents, aunts, uncles, nieces, nephews, and first cousins. These restrictions aim to prevent genetic risks associated with close familial unions and maintain ethical standards. Attempting to marry a close relative can lead to criminal charges and invalidate the union. Couples unsure about their eligibility due to family ties should seek clarification from legal professionals or review Florida statutes directly to avoid violations.
How do divorce laws impact remarriage in Florida?
In Florida, individuals seeking remarriage must wait until their previous divorce is finalized before applying for a new marriage license. Divorce decrees become effective once signed by a judge and filed with the court. Rushing into remarriage without completing this process could render the subsequent marriage invalid. Additionally, alimony or child support obligations from prior relationships may influence financial planning for remarriage. Understanding these legal implications helps ensure compliance and minimizes complications during future marital arrangements.
Can same-sex couples marry in Florida?
Yes, same-sex couples can legally marry in Florida following the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide. Since then, Florida has issued marriage licenses to all eligible couples regardless of gender identity or sexual orientation. Same-sex couples enjoy the same rights and responsibilities as opposite-sex couples, including property ownership, inheritance, and adoption privileges. County clerks’ offices handle applications uniformly, ensuring equal treatment under the law for all applicants.
What documents are needed to apply for a marriage license in Florida?
To apply for a marriage license in Florida, both parties must present valid government-issued photo IDs, such as driver’s licenses, passports, or state IDs. Proof of age is also required, typically through birth certificates or similar documentation. If either party was previously married, they must provide details about the dissolution, such as the date and type of termination (divorce, annulment, or death). Non-U.S. citizens may need additional documents, such as visas or green cards. Bringing complete and accurate paperwork expedites the application process and avoids delays.
How long does it take to process a marriage license in Florida?
Processing a marriage license in Florida is relatively quick, usually taking less than an hour if all required documents and fees are provided at the county clerk’s office. Once issued, the license becomes effective immediately and remains valid for 60 days. After the wedding ceremony, the officiant returns the signed license to the clerk’s office, where it is recorded and archived. Certified copies requested afterward typically take one to two weeks to arrive by mail, though expedited options may be available for an extra fee. Planning ahead ensures timely completion of all steps.
Read also:
- Adultery in Florida: all you need to know ;
- How I save my marriage after cheating on my husband ;
- Reasons not to divorce after infidelity
- Divorce in Florida
Editions: April and August 2022-2025
Sources
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http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/0741.html
Florida Department of Health. (2023). Marriage licenses and requirements.
https://www.floridahealth.gov/certificates-and-registries/marriage-licenses/index.html
Legal Information Institute (LII). (2023). Florida marriage laws.
https://www.law.cornell.edu/wex/table_marriage#florida
FindLaw. (2023). Florida marriage age requirements laws.
https://statelaws.findlaw.com/florida-law/florida-marriage-age-requirements-laws.html
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https://www.flcourts.org/resources/marriage-license-faqs-for-non-residents
U.S. Prison System Regulations. (2023). Marriage rights for incarcerated individuals in Florida.
https://www.bop.gov/inmates/custody_and_care/marriage_rights.jsp
Florida Department of Corrections. (2023). Policies on inmate marriages.
http://www.dc.state.fl.us/oth/timerules/chapter33/index.html#marriage
National Conference of State Legislatures (NCSL). (2023). Marriage age exceptions and parental consent in Florida.
https://www.ncsl.org/research/human-services/marriage-age-exceptions-by-state#florida
Justia. (2023). Overview of Florida marriage laws for minors and non-residents.
https://www.justia.com/family/marriage/florida-marriage-laws/
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