What makes you legally married in Florida?

Asked by: Lucas Quitzon Sr.  |  Last update: April 16, 2025
Score: 4.1/5 (55 votes)

Couples wishing to become legally married in the state of Florida must apply for a marriage license in person and be of 18 years old and over.

What is considered legally married in Florida?

You must possess a marriage license to be officially married in Florida. 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.

What are the requirements for a valid marriage in Florida?

To be valid, an official listed in the Family Code must perform the ceremony, such as an ordained minister, a Florida judge, or clerk of the court. The officiant must complete the marriage certificate form and return it to the county clerk within 10 days after the marriage ceremony.

How to prove you are legally married?

In most cases, a marriage certificate is prima facie evidence that the marriage was properly and legally performed.

How do you officially get married in Florida?

Couples must be able to attend a notary together – if not then this service will not work for you.
  1. STEP 1 - Marriage License Application and Payment. ...
  2. STEP 2 – Courthouse Processing. ...
  3. STEP 3 – License Preparation. ...
  4. STEP 4 – Visit a Public notary - (not done by your officiant)

How to get married in Florida

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Can I get married the same day in Florida?

Once issued, Florida residents must wait three days to get married, unless the couple attends a premarital course from this list of registered providers and presents the certificate of completion when applying for their license. There is no waiting period for non-Florida residents.

What happens to a marriage that is not registered?

In most cases, you are still considered married without registering the license. For example, California law requires the officiant to return the marriage license to the county clerk or recorder within 10 days of the ceremony. If, for some reason, this does not happen, you are still married.

What is proof that you are married?

A marriage license legally allows you to marry. A marriage certificate proves you got married. How you get copies depends on whether you were married in the U.S. or abroad.

What happens if you don't report a previous marriage?

As long as the previous marriages ended legally, there is no legal requirement for disclosure UNLESS the marriage license specifically asks about them.

How do I prove my common law marriage?

The most important piece of evidence is usually filing a joint tax return. This alone will usually meet all of the criteria for common law marriage. It's also important to obtain copies of any legal paperwork that was filed by either partner during the relationship, such as wills or powers of attorney.

Can a notary marry you in Florida?

Florida is one of only three states (the other two are South Carolina and Maine) who authorize their notaries public to "solemnize the rites of matrimony." §117.045, Florida Statutes.

What makes a marriage valid?

In general, the elements of a valid marriage are consent, license, solemnization, and authentication.

How long does it take for a marriage license to be approved in Florida?

Florida law requires a 3-day waiting period between application and the effective date of a marriage license. The waiting period can be waived if applicants show proof of having recently attended at least 4 hours of marriage counseling with a provider registered with the Clerk's Office.

What is the 7 year law in Florida?

While not an official law, many Florida courts institute a “7-year” rule when it comes to the length of the marriage. If the marriage has lasted longer than seven years, it's considered a “long marriage”, while a “short marriage” is one that lasts less than seven years.

Do unmarried couples have rights in Florida?

Florida law creates no legal rights or duties between unmarried couples who live together and thus, does not recognize a claim for palimony. However, unmarried couples may privately commit by contract to spend their money as they choose.

Who can legally perform a marriage in Florida?

All judicial officers. Clerks of the circuit court. A notary public of the State of Florida. Ordained ministers or elders in communion with some church.

What makes a marriage null and void?

In plain terms, a marriage might be adjudicated to be invalid if one party was a minor at the time of the marriage and a nullity action is filed while the party is still a minor, one spouse was missing or thought dead (this is essentially the same provision as in 2201), either party was of “unsound mind” (i.e. too ...

What happens if you file married but aren't married?

You usually must be married to file together. However, if you are non-married but want to file a joint return, it is possible you can use married filing jointly if you're considered married under a common law marriage recognized by either of these: The state where you live. The state where the common-law marriage began.

What happens if you remarry without getting a divorce?

If you remarry another person before your divorce to your current spouse is final, this is considered bigamy. Committing bigamy in the United States is against the law in every state, and those who engage in it can be subject to both criminal and civil penalties.

What confirms a marriage?

Basically, a marriage license is the legal document that allows you to get married, while a marriage certificate is the document that proves you're married.

Can I view my Florida marriage license online?

Marriage license records from 1972 to present are viewable online. Go to Online Search of Official Records, and enter either spouse's name at the time of marriage (Record Type for this search is MAR). There is no charge to view a marriage document in person or online.

What are the proof of marriage other than marriage certificate?

Strong evidence: Joint bank account, life insurance, wills, joint leases, joint utilities. Medium evidence: Joint travel itineraries, split utilities, text messages, phone logs. Weaker evidence: Cards, affidavits from friends/family, single travel itineraries, tickets to shows.

What happens if you don't get legally married?

Many states in America do not formally recognize common-law marriages. If you're in a relationship that exists without legal recognition, it's likely you'll either have limited or no rights in relation to your spouse.

How do you end a marriage if it is not registered?

Customary marriages can only be ended by obtaining a divorce order in a court of law or by the death of one of the spouses.

Is there still common-law marriage in Florida?

No, common-law marriages in Florida do not exist. Florida does not recognize couples as having entered into a marriage relationship or agreement after seven years—or any other length of time—of living together, even if the couple has otherwise developed the habits of and reputation as a married couple.