Free Guide to Florida Marriage License Requirements

Understanding Florida Marriage License Basics

A Florida marriage license is a legal document issued by the state that allows two people to marry. Unlike a marriage certificate, which is the official record created after the ceremony takes place, a marriage license is the permission slip you need before getting married. The Florida Department of Health, in partnership with county clerk offices throughout the state, manages the issuance of these licenses.

Florida law treats marriage licenses with specific requirements that differ from many other states. The state has established clear rules about who can obtain a license, how long the process takes, and what documents are necessary. As of 2024, Florida processes thousands of marriage licenses each month through its 67 county clerk offices. Understanding these basic requirements helps you move through the process smoothly and avoid unnecessary delays.

The marriage license itself is valid for 60 days from the date of issuance. This means once you receive your license, you have two months to complete your marriage ceremony. If your ceremony doesn't happen within this window, you'll need to obtain a new license. The license must be signed by both parties, a notary public or county clerk, and the person who performs the ceremony—whether that's a judge, religious official, or authorized officiant.

Florida recognizes marriages performed by various officiants, including religious leaders, judges, and other individuals authorized to perform ceremonies under state law. Once your ceremony is complete, the person who performed it has three days to return the signed license to the county clerk's office. The clerk then creates your marriage certificate, which becomes the permanent official record.

Practical Takeaway: Before starting the process, know that you're obtaining permission to marry, not the official marriage record itself. Plan your timeline around the 60-day validity period of the license and identify your county clerk's office location and hours.

Age Requirements and Legal Capacity to Marry

Florida law sets specific age requirements for marriage. Both parties must be at least 18 years old to marry without parental consent. If either party is under 18, they cannot obtain a marriage license in Florida, even with parental permission. This is a strict requirement with no exceptions. The state revised its marriage laws in recent years to eliminate child marriage provisions that previously existed, bringing Florida in line with child protection standards.

Beyond age, Florida law requires that both parties have the legal capacity to marry. This means neither person can be currently married to someone else. If someone is married and seeks to marry again without legally ending the previous marriage through divorce or death of the spouse, they cannot obtain a license. The county clerk's office will require identification and may ask questions about previous marriages to verify this requirement.

Mental capacity is another component of legal capacity. Florida law states that both parties must be capable of understanding the nature of marriage and its consequences. While this is rarely an issue in practice, it's a legal requirement. If someone is under a legal guardianship or conservatorship, they may face restrictions, and the specific circumstances would need to be reviewed with the county clerk.

The state also prohibits marriage between certain blood relatives. Florida does not allow marriage between parents and children, grandparents and grandchildren, siblings, or aunts/uncles and nieces/nephews. Cousins may marry in Florida. These restrictions apply regardless of whether the relationship is biological or created through adoption.

Practical Takeaway: Confirm that both parties are at least 18 years old and not currently married to anyone else. If either party has been previously married, have documentation of how that marriage ended (divorce decree or death certificate) available when you visit the county clerk's office.

Required Documents and Identification

When you visit your county clerk's office to obtain a marriage license, you'll need to bring specific documents. Florida requires a valid government-issued photo identification for each party. Acceptable forms include a driver's license, passport, military ID, or state ID card. The identification must not be expired and must clearly show your full legal name, date of birth, and photograph. If your name has changed since your ID was issued, bring documentation of the legal name change, such as a divorce decree or court order.

You'll also need to provide proof of your Social Security number. This can be shown through your Social Security card itself, a W-2 form, a 1099 form, a tax return, or a benefit statement from the Social Security Administration. Some people worry about providing this information, but it's required by state law and is used to ensure accurate record-keeping and to verify that the person obtaining the license hasn't been previously married in Florida under a different name.

If either party has been previously married, bring a certified copy of the divorce decree or a death certificate of the former spouse. This documentation is necessary to verify that the previous marriage legally ended. Many Florida county clerk offices keep records of divorces and can look this information up for you, but having the document with you speeds up the process significantly.

Some individuals may have name discrepancies between their documents. For example, your birth certificate might show your full legal name, but your driver's license shows a shortened version. Bring all relevant documents that establish your identity. The clerk will review these and determine whether additional documentation is needed. If you've changed your name through marriage, divorce, or court order, bring the original document establishing the change.

Practical Takeaway: Gather copies of all your identification and name-change documents before visiting the county clerk. Create a checklist of what you're bringing so you don't forget anything and have to make a second trip. Check your county clerk's website for any additional local requirements.

The Marriage License Application Process

The process for obtaining a Florida marriage license begins with visiting your county clerk's office in person. Both parties must appear together. You cannot have someone else obtain the license on your behalf, and you cannot mail in the application. The clerk's office will have forms for you to complete, or you may be able to download and pre-fill forms from your county's website before your visit, which can save time.

When you arrive, you'll present your identification and documents to the clerk. The clerk will verify that you meet all legal requirements—that you're both at least 18, not currently married to other people, and have the capacity to marry. The clerk will ask you basic questions to confirm the information you're providing. Be honest and accurate, as providing false information on a marriage license is a violation of Florida law.

You'll complete the marriage license form, which asks for your full legal name, date of birth, place of birth, address, Social Security number, and information about your parents' names and places of birth. Both parties will sign the form in the presence of a notary public or county clerk. The form will also include a section where you'll list the name and qualifications of the person who will perform your ceremony.

The clerk will collect the required fee, which varies by county but typically ranges from $90 to $120. Some counties charge an additional fee if you request certified copies of your marriage certificate later. Payment methods vary by county; some accept cash, checks, and credit cards, while others may have restrictions. Check your county's website for accepted payment methods.

Once everything is complete and signed, the clerk will issue your marriage license on the spot or within a very short time. You'll receive a document that you must give to the person performing your ceremony. No license, no ceremony—the officiant won't perform the marriage without it. Keep it in a safe place until your wedding day.

Practical Takeaway: Plan to spend 30 minutes to an hour at the county clerk's office. Bring all your documents, arrive during business hours (typically 8 a.m. to 5 p.m., Monday through Friday), and have the correct fee amount if you prefer to pay in cash.

Special Circumstances and Additional Considerations

Several special situations may affect the marriage license process. If either party has been married before, the process remains the same, but you'll need to provide documentation showing how the previous marriage ended. If you're widowed, bring a certified death certificate of your former spouse. If you're divorced, bring a certified copy of your final divorce decree. These documents should be official copies obtained from the appropriate court or vital records office, not photocopies or unofficial versions.

If you or your partner has a different legal name than what appears on your birth certificate, you'll need to establish your current legal name. This might involve bringing a marriage certificate (if your name changed through marriage), a divorce decree (if your name changed through divorce), or a court order changing your name. The key is having official documentation that shows the progression of your name changes