A marriage license is an official document issued by Florida that permits two people to marry. Before a wedding ceremony can take place in Florida, a couple must obtain this license from their county clerk's office. This guide provides information about the marriage license process in Florida, including where to get one, what documents you'll need, fees involved, and how the process works from start to finish.
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Understanding the marriage license process can help you prepare for your wedding day without confusion or delays. Florida has specific rules about marriage licenses that differ from other states, and knowing these rules in advance makes the process smoother. This guide walks through each step so you understand what to expect when you visit your county clerk's office.
The information in this guide covers the standard process for opposite-sex and same-sex couples. Florida recognizes marriages for all couples regardless of sex or gender identity. The basic steps and requirements are the same for everyone seeking to marry in Florida.
This guide does not provide legal advice, and it does not replace official information from your county clerk or the Florida Department of Health. If you have questions about your specific situation, contact your county clerk's office directly. County clerks can provide answers tailored to your circumstances.
Practical Takeaway: Before visiting your county clerk's office, review this guide to understand the general process and gather the documents you'll need. This preparation helps your visit go more smoothly and reduces the chance you'll need to return with missing paperwork.
Florida law sets out basic requirements that two people must meet to marry in the state. Understanding these requirements helps you know whether you can move forward with getting a marriage license. The requirements are straightforward and apply equally to all couples.
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First, both people must be at least 18 years old. Florida does not permit people under 18 to marry in most cases. There are very limited exceptions for people aged 16 and 17, but these exceptions require parental consent and often court approval. If either person is under 18, contact your county clerk to learn about the specific rules that apply.
Second, the two people must not be related to each other in certain ways. Florida prohibits marriage between close relatives, including parents and children, siblings, aunts and uncles with nephews and nieces, and first cousins in some cases. These rules exist to protect health and prevent harm. If you are unsure whether your relationship falls within these restrictions, ask your county clerk before proceeding.
Third, both people must have the mental capacity to understand what marriage means and to consent to it. This means each person must be able to understand the legal commitment they are making. If there are concerns about mental capacity, these should be addressed before seeking a marriage license.
Fourth, neither person can be married to someone else at the time you apply for the license. If either person is currently married, you must obtain a divorce or annulment first. Your county clerk may ask for proof of divorce or annulment before issuing your license.
Fifth, the marriage cannot be prohibited by court order. In some cases, a court order prevents a person from marrying. This is rare, but if you have been subject to such an order, mention this to your county clerk when you apply.
Practical Takeaway: Review these five requirements with your partner before visiting the clerk's office. If either of you has concerns about any requirement, discuss this with the clerk before you apply. Clarifying these issues early prevents wasted time and frustration.
Bringing the right documents ensures your marriage license application moves forward without delays. Florida's clerk offices require specific forms of identification and supporting documents. Knowing what to bring before you go saves time and means you won't need to make multiple trips.
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Both people must bring a valid photo identification. Acceptable forms include a driver's license, passport, military ID, or state ID card. The ID must show your current legal name and date of birth. If your ID is expired, many clerks will still accept it if it was recently issued and has not been expired for many years, but call ahead to confirm your clerk's policy. Your ID helps the clerk verify you are who you say you are and confirms you meet the age requirement.
Both people must also bring proof of Florida residency or a valid out-of-state ID. If you have a Florida driver's license or state ID, this shows residency and also serves as your photo identification. If you have an out-of-state photo ID, you may need to bring an additional document showing you live in Florida. Acceptable documents include a utility bill, lease agreement, mortgage statement, or government mail addressed to you at your Florida address. The document should be recent, typically from the past 60 days.
If either person was previously married, bring the original divorce decree or annulment papers. These documents prove your prior marriage ended legally. If you cannot locate the original papers, the clerk can often help you obtain certified copies from the court that issued the divorce or annulment. Some clerks allow you to bring a certified copy instead of the original.
If either person's name has changed for reasons other than marriage (such as through a court order or deed poll), bring documentation of that name change. This might include a court order, a certified copy of a birth certificate showing the new name, or adoption papers.
Some counties require additional documents, such as a Social Security card or birth certificate. Call your specific county clerk before you visit to confirm what documents that office requires. Requirements can vary slightly between counties, so checking ahead prevents wasted trips.
Practical Takeaway: Make a checklist of required documents and gather them before your visit. Bring original documents when required, but confirm whether your county clerk accepts copies. Call your county clerk's office with your document questions rather than showing up unprepared.
Florida's marriage license process involves filling out an application and waiting a certain number of days before the license becomes valid. Understanding this timeline helps you plan your wedding date and know when your license is ready to use.
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When you visit your county clerk's office with your documents, you will complete an application form for a marriage license. This form asks for basic information about both people, including legal names, dates of birth, addresses, and Social Security numbers. The form also asks about previous marriages. You and your partner will both need to sign the application in the presence of the clerk. Some counties allow you to sign the application at different times, but confirm your county's policy first.
After you submit your application and pay the required fee, Florida law requires a three-day waiting period before your license becomes valid. This means if you apply on a Monday, your license becomes valid on Thursday. The waiting period gives people time to reconsider their decision if they have doubts. During this period, you cannot marry.
Florida allows couples to waive the three-day waiting period in certain cases. If either person is in active military service, you may be able to waive the waiting period by presenting military ID and a military certificate or orders. Some counties also waive the waiting period if one person is seriously ill or in hospice, but this varies by county. If you believe you qualify for a waiver, ask your clerk about it.
Your marriage license is valid for 60 days after the waiting period ends. This means you have a 60-day window in which to have your wedding ceremony. If your ceremony does not happen within 60 days, your license expires and you must apply for a new one. Plan your wedding date within this timeframe.
The person performing your ceremony (a judge, clergy member, or authorized official) will keep your license during the ceremony. That person signs the license as the official witness to your marriage. The clerk's office receives the completed license back and records your marriage.
Practical Takeaway: Apply for your marriage license at least a week before your planned wedding date. This gives you time for the three-day waiting period to pass and ensures your license is valid on your wedding day. If you need to waive the waiting period, bring the required documentation with you when you apply.
Marriage license fees vary by county in Florida, and understanding the cost helps you budget for your wedding. Most Florida counties charge between $86 and $150 for a marriage license, though some counties may charge slightly different amounts. The fee covers the cost of
This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.