State Florida Getting Married Inback to States
Florida recognizes only straight unions.
The current legislation in place is a constitutional ban against same-sex marriages.
On July 17, 2014, Chief Circuit Judge Luis Garcia struck down Florida’s ban on marriage for same-sex couples in state court. A week later, Miami-Dade County Circuit Court Judge Sarah Zabel also ruled that Florida’s marriage ban is unconstitutional. Both rulings were immediately stayed pending a ruling by the Florida 3rd Circuit Court of Appeals.
Do I have to reside in Florida to get married there?
You do not have to be a resident of Florida to get married there.
How can I apply for a marriage license?
Gay and Lesbian Couples: Currently, the state government does not recognize same-sex marriages, so unfortunately licenses are not available to gay and lesbian couples.
Straight Couples: Both parties must be present to apply for a marriage license with the county clerk judge or clerk of circuit courts.
What are the fees?
The cost for a marriage license is $93.50 unless individuals are Florida residents and took a premarital preparation course, which will make the fee $61.
Is there a waiting period?
There is a three-day waiting period for Florida residents who do not complete a premarital preparation course. For non-residents and Florida residents who complete the course, there is no waiting period. The license will expire 60 days after it is issued.
What documentation do I need?
Each party must provide a form of identification, such as a driver’s license, as well as their Social Security number, naturalization number, passport number or immigration number. In the case of remarriage, you must provide divorce papers or death certificate. For those who took a premarital course, in order to receive the deducted license fee, you must provide documentation stating that you completed the course.
Is a blood test required?
Who can marry us and are witnesses required?
Ordained ministers, clergy members, current or retired judicial officers, and notaries public can perform the ceremony, and no witnesses are required though it’s recommended. The officiant must submit the signed license to the county clerk’s office within 10 days of the marriage.
How can I change my name?
With a marriage license: Obtain several certified copies from the county clerk’s office where your license was filed, as you will need these throughout the name changing process. Fill out an application for a new Social Security card (which can be found here) and go to your local Social Security Administration office (be sure to get there before it opens) with a certified copy of your marriage license, photo proof of identity such as a driver’s license and original proof of citizenship, such as a passport or birth certificate. Be sure to change it with the DMV, your employer, your bank, etc.
Any adult Florida resident can formally change their name without a marriage license, but it must be done in your county of residence. To do so, you must have your fingerprints submitted for a state and national criminal records check at your local law enforcement agency. Once the clerk of court receives your results, you can request a hearing date and file a notarized copy of Florida Petition 12-982(a), available here. At the final hearing, arrive with the Final Judgment Form 12.982(b) filled out (available here), and ready for the Judge to sign. Once your request is granted, be sure to submit name change to the DMV, employer, the Social Security Administration, etc.
**Disclaimer: Requirements and protocols are subject change. Please regard the above information as a guide only, not professional legal advice. It is important to confirm the information with your specific county and state of residence before the wedding.