Florida’s Marriage Laws: Legal Requirements for Marriage and Divorce

Florida's marriage laws are designed to ensure that couples understand the legal requirements before entering into or dissolving a marriage. Whether you are planning to get married in the Sunshine State or are considering a divorce, it's crucial to be informed about the regulations involved.

Marriage Requirements in Florida

To marry in Florida, certain legal requirements must be met:

Age: Both parties must be at least 18 years old. If either party is 16 or 17, they can marry with parental consent, but they need to apply for a marriage license together with their parents and complete a premarital preparation course.
Marriage License: Couples must obtain a marriage license from any Florida county clerk's office. There is no residency requirement, so non-residents can also marry in Florida.
Waiting Period: There is a three-day waiting period for Florida residents who do not complete a premarital preparation course. Non-residents do not have to wait.
Identification: Both parties must provide valid photo identification, such as a driver’s license or passport.
Application Fee: A fee for the marriage license varies by county, so it’s advisable to check with your local clerk’s office.

Once the marriage license is obtained, there is no requirement for a blood test in Florida. Couples can get married by any officiant authorized by Florida law, including ministers, rabbis, and even judges.

Divorce Laws in Florida

If you are considering divorce, Florida is a no-fault divorce state, which means that you do not need to prove wrongdoing by either party. The legal grounds for divorce in Florida are primarily based on the fact that the marriage is irretrievably broken.

Residency Requirement: At least one spouse must have been a resident of Florida for six months preceding the filing of the divorce
Filing for Divorce: To initiate a divorce, one party must file a Petition for Dissolution of Marriage with the appropriate circuit court.
Division of Property: Florida follows equitable distribution laws, meaning that marital assets and debts will be divided fairly, though not necessarily equally. Courts consider various factors such as the length of the marriage and each party’s economic circumstances.
Spousal Support: In some scenarios, one spouse may be ordered to pay alimony to the other, based on the need of one party and the ability of the other to pay.

It is advisable to seek legal counsel to ensure all financial and custodial arrangements are legally documented and understood.

Conclusion

Understanding Florida's marriage laws, including the requirements for marriage and the framework for divorce, is essential for couples navigating these life changes. Whether you are saying "I do" or seeking to end a marriage, being equipped with accurate information can help make the process smoother and less stressful.

If you have specific questions or circumstances, consult a qualified attorney in Florida to receive personalized legal advice.