Florida Marriage Laws in 2026: What You Actually Need to Know
Most people think getting married is simple. You love someone, you say yes, done! But Florida has some specific rules you need to follow. The good news? They’re not too complicated. The bad news? Getting them wrong can really mess things up.
In Florida, marriage laws cover everything from age requirements to what paperwork you need. Some rules might surprise you. Let’s break down exactly what Florida requires before you walk down the aisle.
What Is a Marriage License?
Okay, pause. This is important. A marriage license is basically an official permission slip from the state. You can’t legally get married without one. Think of it like getting a driver’s license—the government has to approve it first.
Pretty straightforward, right? Florida requires you to get this license before your ceremony. You can’t just show up and get married. There’s paperwork involved. But honestly, it’s not as bad as you might think.
Basic Florida Marriage Laws
Age Requirements
Here’s where it gets interesting. In Florida, you can get married at 18 without anyone’s permission. You’re an adult, so you can make your own choices.
But what if you’re younger? Good question. If you’re 16 or 17, you can get married. You’ll just need parental consent or a judge’s approval. It’s not impossible, but it requires an extra step.
If you’re under 16? Florida doesn’t allow it. Period. No exceptions. This law exists to protect younger people. Age matters when it comes to major life decisions.
Getting Your Marriage License
Now, here’s the practical stuff. You and your partner both need to go to the courthouse together. You can’t send someone else to do it—you both have to be there in person.
You’ll need to bring ID. A driver’s license, passport, or birth certificate works. Both of you need valid identification. No ID, no license.
There’s also a fee. Florida charges around $120 for a marriage license (prices might vary by county). Some counties are slightly cheaper or more expensive. Worth checking with your specific county clerk’s office. This fee is non-refundable, so make sure you’re ready before you pay.
The Waiting Period
Here’s the part that surprises people. Florida has a three-day waiting period. You get your license today? You can’t use it for three days. You have to wait.
Now, there’s an exception. If one of you takes a premarital course (usually just a few hours online), you can skip this waiting period. Basically, Florida wants to make sure people think about this decision. But if you’ve thought about it enough to take a class, the state trusts you’ve made your choice.
Pretty reasonable, right? Three days isn’t that long. Most people can wait that out.
License Validity
Once you get your license, how long does it last? Your Florida marriage license is valid for 60 days. That gives you two months to actually get married.
Wait, it gets better. Actually, your license is valid for 60 days from when you receive it. So you have a solid window to plan your ceremony. You’re not rushed.
What happens after 60 days? The license expires. You’d have to start over and get a new one. Just something to keep in mind when you’re planning.
More Detailed Marriage Rules
Who Can Legally Marry You
Wondering who gets to perform your marriage? Not just anyone can do it. Florida has specific rules here.
You can be married by a judge, clerk, or notary public. You can also be married by certain religious leaders like priests, rabbis, or ministers. The person performing the ceremony needs to be authorized by the state.
Here’s what matters: whoever marries you has to sign the marriage certificate. That signature makes it official. No signature, no legal marriage. So pick someone who actually knows what they’re doing.
Witnesses and Ceremony Requirements
Hold on, this part is important. Florida requires two witnesses at your wedding. Not optional—required. Both witnesses have to be present during the ceremony.
These witnesses need to be at least 18 years old. They can be family, friends, anyone really. But they need to sign the marriage certificate along with the person performing the ceremony.
Think about it this way: the witnesses prove your marriage actually happened. That’s why Florida requires them. It prevents fraud and makes everything official.
What You Can’t Do (Restrictions)
Okay, here’s where it gets serious. You cannot marry someone who is already married to someone else. Bigamy is illegal in Florida. If you try this, you could face felony charges.
You also can’t marry a close family member. Florida law says no marriages between parents and children, grandparents and grandchildren, or siblings. This applies even if there’s no biological relationship (like step-relations).
And here’s an important one: you can’t marry someone you’re related to within the fourth degree of kinship, with limited exceptions. Basically, Florida wants to prevent marriages that would be harmful to children or family structures.
Penalties and Consequences
So what happens if you break these rules?
If you’re underage and lie about your age, you could face charges. If you marry someone you’re closely related to, that marriage is void. It’s like it never happened in the eyes of the law.
Bigamy—being married to two people—is serious. You could go to prison for up to five years. You could also face heavy fines. Think of it like fraud, but with a marriage certificate.
If someone performs your marriage without proper authorization, that marriage might not be legal. Imagine going through the whole wedding and finding out later it wasn’t valid. That’s why using an authorized person matters.
Recent Changes to Florida Marriage Laws
Let me fill you in on something recent. Florida’s marriage laws have stayed pretty stable, but there have been some important updates in how they’re interpreted.
One big change involves how Florida recognizes same-sex marriages. Florida now fully recognizes same-sex marriages performed anywhere. This happened in 2015, but it’s worth knowing if you weren’t sure.
Another thing to know: Florida recognizes common-law marriages from other states. If you were in a common-law marriage before moving to Florida, the state respects that. But Florida itself doesn’t allow new common-law marriages. You have to follow the formal license process.
Special Circumstances
Out-of-State Marriages
What if you’re getting married in another state? Here’s the thing: if your marriage is legal where you had the ceremony, Florida recognizes it. Pretty simple.
So you could fly to Vegas, get married by an Elvis impersonator, and Florida will honor that. As long as you followed that state’s laws, you’re good. Florida respects other states’ marriage laws.
Marriages Performed by Religious Leaders
Different religions have different rules. Florida respects that diversity. A Catholic priest can marry you. A Muslim imam can marry you. A Jewish rabbi can marry you.
What matters is that they’re authorized to perform marriages. Some religious organizations have to register with the state to perform marriages legally. If they haven’t registered, your marriage might not be valid.
This is honestly the part most people miss. Just because someone is a religious leader doesn’t automatically mean they can legally marry you in Florida. Worth double-checking before your ceremony.
Military Members
If you or your partner is military, some rules are different. Military personnel can follow their own regulations for some ceremonies. But if you want Florida to recognize the marriage, you still need the license.
Military weddings can be beautiful, but they still need Florida’s paperwork to be legally binding. Check with your local courthouse about any military-specific processes.
How to Get Married in Florida: Step by Step
Alright, let’s break down exactly what you need to do. Stay with me here.
Step 1: Go to your county clerk’s office. Both of you need to go together. Find your county courthouse. It’s usually in your main city.
Step 2: Bring your ID. Driver’s license, passport, or birth certificate. Original documents, not copies.
Step 3: Fill out the application. The clerk will give you the form. Answer all the questions honestly. If you’re under 18, this is where you’ll need parental consent papers or a judge’s order.
Step 4: Pay the fee. Around $120, but check your county. Non-refundable, so be sure before you pay.
Step 5: Wait three days (unless you took a premarital course). You can’t use your license for three days. It’s a cooling-off period.
Step 6: Get your ceremony organized. Find someone authorized to marry you. Get your two witnesses ready.
Step 7: Have the ceremony. Make sure your authorized person signs the certificate. Make sure both witnesses sign too.
Step 8: Return the certificate. The person who married you returns the signed certificate to the clerk within 10 days.
That’s it! You’re officially married in Florida. Yep, that’s all you need.
Divorce and Separation
Okay, let’s talk about the other side. Divorce in Florida follows different rules than marriage, but it’s good to know the basics.
Florida is a “no-fault” divorce state. That means you don’t need to prove your spouse did something wrong. You just need to say the marriage is “irretrievably broken,” and that’s enough.
You have to be a Florida resident for at least six months before filing for divorce. You also have to live in the county where you’re filing for at least three months. These are just residency requirements.
If you have kids, custody and child support get involved. If you have significant assets, property division becomes part of the process. Divorce can get complicated quick. Most people hire a lawyer.
Here’s my honest take: divorce is usually more complicated than marriage. You might want professional help. It’s not too expensive to at least talk to a lawyer about your situation.
Prenuptial and Postnuptial Agreements
Wondering about prenups? Florida allows them. A prenuptial agreement is a contract you sign before marriage. It says who keeps what if you divorce.
You can have a postnuptial agreement too. That’s basically the same thing, but you sign it after you’re already married.
Here’s what matters: both people have to agree willingly. You can’t force someone to sign. You should both have lawyers look at it. If the agreement isn’t fair, a judge might not honor it.
Are prenups romantic? Not really. But they can save a lot of trouble if things don’t work out. Honestly, they make sense for people with significant assets or past marriages.
Frequently Asked Questions
Can we marry if one of us is from another country?
Yes, you can marry if your partner is from another country. You’ll need their passport or travel documents for ID. The marriage license and ceremony follow normal Florida rules.
What if we’re getting married abroad and want Florida to recognize it?
Florida recognizes marriages from other countries as long as they followed that country’s laws. You might need to get the marriage certificate certified or translated, though.
Can we get married without a ceremony? Is a courthouse wedding legal?
Absolutely. You can get married at the courthouse with just the two witnesses. No fancy ceremony needed. It’s just as legal as a big wedding.
How long does the marriage license process take?
From start to finish, about a week. That’s three days waiting (unless you skip it with a class), plus a day to do paperwork. Pretty quick overall.
Do we need a prenup if we’re not wealthy?
Not necessary, but it doesn’t hurt. A prenup can cover things beyond money—like who keeps the dog or family heirlooms. Talk to a lawyer if you think you might want one.
Can Florida marriages be challenged later?
Yes, but it’s rare. If the marriage broke major rules (like age requirements or blood relations), it could be void. If someone forged signatures or didn’t follow procedures, that’s another story. Most valid marriages hold up.
What if we were married in Florida but moved to another state?
Other states recognize Florida marriages. Your marriage stays valid everywhere. If you move and later divorce, that gets more complicated, but the marriage itself is legitimate.
Do we need a blood test?
No. Florida got rid of blood test requirements a while back. You just need ID and the license application.
Final Thoughts
Okay, you’ve got the basics down. Florida’s marriage laws aren’t too crazy. The main things to remember: get your license at the courthouse, wait three days (or take a class to skip it), find an authorized person to marry you, get two witnesses, and make sure everything is signed.
That’s really it. Follow those steps and you’re legally married in Florida.
The rules exist to protect people and make sure marriages are legitimate. They’re not there to ruin your plans. They’re actually pretty reasonable.
Now you know what you need to do. If you have specific questions about your situation, talk to a lawyer. The Florida bar association can help you find one. Good luck with your wedding!
