To receive a Florida marriage license, the parties must apply for the license at any county clerk’s office. The license is issued by a county court judge or clerk of the circuit court under his or her seal. You can get married in Florida in any county you choose regardless of where it was issued. Both parties will need:
The two parties have an opportunity to participate in a voluntary premarital preparation course which reduces the fee. Participation in the voluntary premarital preparation course also allows for the parties to waive the otherwise mandatory three-day waiting period between the license being issued and the actual ceremony.
While a handful of states still require blood tests, Florida doesn’t require blood tests or medical exams in order to receive a marriage license.
In Florida, there must actually be a ceremony, which can be elaborate or limited. The license is good for sixty days after issuance and the ceremony must take place within that sixty day time period. A ceremony requires an ‘officiant’ (the person who conducts the ceremony), witnesses, and an exchange of promises between the parties.
The officiant may be a member of the clergy or a public official (such as a notary) who is authorized to give an oath, while the witnesses attest that the parties exchange promises. The officiant is generally the person that makes sure the license is sent or brought to the county clerk’s office where it is officially recorded. A copy of the license is sent to the new couple.
The parties have several obligations to meet Florida marriage license requirements. For example, the parties have an obligation (a duty) to support each other and also have an obligation for sexual exclusivity. But being joined in marriage does not minimize either party in a legal sense. The individual legal identity of each is maintained and each is individually liable for contracts and torts. This means there is no vicarious liability between spouses. Also, spouses can sue each other, as there is no interspousal tort immunity.
In Florida, the wife can adopt her husband’s name or keep her own name. Or she can pursue an alternate name change through a court order (such as if she wants a hyphenated name or if the husband wants to take her name).
Consulting a legal expert before marriage protects and educates both parties. Consultation details all rights and responsibilities that come with a major life change. Hunter Law will help you work through any questions and concerns about marriage licenses in Florida as you prepare to embark on a new life with your partner.