Getting married in Florida? Understanding the Sunshine State's marriage laws is crucial for a smooth and legally sound union. This guide covers common aspects of Florida marriage law, addressing frequently asked questions to ensure you're well-informed throughout the process.
What are the Requirements for Getting Married in Florida?
To legally marry in Florida, both individuals must meet specific requirements. These include:
- Age: Both individuals must be at least 18 years old. Those under 18 require parental consent and court approval.
- Identification: Valid government-issued photo identification is mandatory for both parties. This could be a driver's license or passport.
- Blood Test: Florida doesn't require a blood test for marriage.
- Waiting Period: There's no mandatory waiting period between obtaining a marriage license and the wedding ceremony.
- Residency: Florida doesn't require residency for marriage. Couples from any state or country can marry in Florida.
- Witness: While not legally required, having witnesses present at the ceremony is customary.
How Do I Obtain a Marriage License in Florida?
Obtaining a marriage license is a straightforward process. You'll need to visit the Clerk of Courts office in the county where the wedding will take place. Both parties must appear in person to complete the application, provide identification, and pay the required fee. The license is typically valid for 60 days.
What are the Grounds for Annulment in Florida?
An annulment declares a marriage void, as if it never happened. Grounds for annulment in Florida include:
- Bigamy: One or both parties were already married at the time of the ceremony.
- Fraud: One party entered the marriage based on fraudulent misrepresentations (e.g., concealing a significant fact).
- Duress: One party was coerced into marriage.
- Lack of Capacity: One party lacked the mental capacity to understand the nature of marriage.
What are the Laws Regarding Divorce in Florida?
Divorce in Florida requires a minimum of six months residency within the state for the filing spouse. Several factors are considered in divorce proceedings, including:
- Division of Assets and Debts: Florida is an equitable distribution state, meaning marital assets and debts are divided fairly, but not necessarily equally.
- Alimony: Spousal support (alimony) may be awarded in certain circumstances, such as if one spouse has significantly less earning capacity. The duration and amount depend on various factors.
- Child Custody and Support: Decisions regarding child custody and child support are made based on the best interests of the child.
- Domestic Violence: If domestic violence has occurred, protective orders can be issued to protect victims.
What Happens to Property Acquired During Marriage in Florida?
Property acquired during the marriage is considered marital property. This includes assets purchased or earned jointly. Separate property, such as inheritance or gifts received individually before the marriage, typically remains separate. However, commingling of funds can complicate this division.
Can I Get a Prenuptial Agreement in Florida?
Yes, prenuptial agreements are legal and common in Florida. These agreements outline how assets and debts will be divided in the event of divorce or death. To be valid, a prenuptial agreement must be entered into voluntarily, with full disclosure of assets and debts, and independent legal counsel for both parties.
What are Common-Law Marriages in Florida?
Florida does not recognize common-law marriages. A legal marriage requires a valid marriage license and a formal ceremony.
This information is for general guidance only and should not be considered legal advice. For specific legal advice, it's essential to consult with a qualified Florida attorney. Remember to seek legal counsel tailored to your individual circumstances.
