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Easier Than It May
Seem
You cannot avoid
dealing with the Clerk of Courts office if you want your marriage to be
recognized legally. The good news is that it isn't difficult task. The
marriage license could very well be one of the easiest things you have
to arrange while planning your wedding. I am providing this information
from the perspective of someone who interacts primarily with the Brevard
County Clerk of Courts, but the process is pretty much the same
throughout the state of Florida.
Brevard Clerk of Courts Office Locations
Licenses are issued by county, but are valid throughout the state.
For example, if you are having a beach wedding and live in Orlando, you
can still obtain your license at a courthouse convenient to your home.
I explain the process below and attempt to answer as many of
the most frequently asked questions as possible. By all means contact me
if you need any additional help.
Fortunately, it really isn't all that difficult and the men and women
at the Brevard Clerk of Courts office are courteous, professional and
expedient. To obtain a license in Brevard County you do not need to be a
resident. You do not even have to be a U.S. citizen. You simply have to
present yourselves in person at the Clerk of Courts office and have
photo i.d. with you. Both of you should go together unless there is a
good cause why that is not possible. There are no blood tests, witnesses
or other paperwork required. If a previous marriage ended in death or
divorce you must simply attest to that so it is noted properly on the
license. Your license is issued on the spot. I rarely encounter much in
the way of lines, so you are likely to be in and out in about fifteen
minutes. The hardest part of the whole process is handing over the
$93.50 for the state to recognize the legal benefits you will enjoy as
husband and wife. Payment may be made by cash, cashier's check,
certified check, money order, or some credit cards.
In Brevard County, you can save a little time by providing your
information online.
Complete the simple form, receive a confirmation number and take that
number to the courthouse. The clerk will pull up your application
already filled out rather than having to type in the information while
you are standing at the counter.
From the Brevard County Clerk of Courts Website:
All that is required for single adults to obtain a
marriage license is for them to come in person to the Clerk's office,
bring their driver license or other acceptable identification card and
be prepared to pay the fee. A recent change in the law also requires
both applicants to provide either their Social Security number,
naturalization number, immigration number or passport number.
 If both parties reside in Florida and have not completed
a marriage preparation course in the last twelve
months there is a three day waiting period before the license becomes
valid. However, a hard ship waiver can be issued. For example, if the
bride or groom is in the military and will be deployed within the three
day waiting period, a waiver will be granted. If either party resides outside of Florida and/or both
parties have taken a marriage preparation course in the last twelve
months, there is no three day waiting period.
The license is valid for sixty
(60) days from the date it becomes valid. Your wedding ceremony must
take place within the valid dates.
My advice is to not get it too far in advance in
case you misplace it and don't wait too late in case emergencies arise.
Pick a date approximately two to four weeks before your wedding and go
get it done. Put the license in a safe place you will remember so you
can bring it with you to your wedding or submit
it to your officiant for safe keeping until the ceremony.
The state does offer a discount and waives
the three day waiting period if you both participate in a four hour
marriage preparation course within the last twelve months. I absolutely believe that premarital
preparation is beneficial in its own right and well worth the investment
in both time and money. Marriage faces an unprecedented number of
challenges these days. A good marriage education course can help a
couple anticipate the realities of marriage and provide them with the
communication skills necessary to resolve inevitable conflicts with
respect and compassion.
Keep in mind:
- If you are simply choosing this option to save
$32.50, understand course providers typically charge for their services.
My fees for a secular Marriage Education Class are considered quite
reasonable and I charge more than the savings for your license.
- Many course providers are clergy and might have a
specific religious perspective on marriage preparation.
- The county does include a list of marriage course providers on
their website, but does not necessarily verify their credentials. I
highly recommend you inquire about training and ask for references before
you begin a marriage preparation course.
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Photo by Keith & Aimee Nugent of
Nuge Studios
March 14, 2009 |
Anyone may return the license after the certificate of marriage
portion of the document has been completed. This is done following the
ceremony and I always offer to return it on behalf of the couple. If you
choose to return the license yourself, the clerk will hand you the
certified copy on the spot. This process takes a matter of minutes, but
does require another trip to the courthouse.
Although the state grants me ten days, I submit
all licenses within the first few business days following the wedding,
usually the first business day. I prefer to return the license to the
Clerk of Courts office in person, but if not (a license from a Florida
county other than Brevard for example), I mail the license immediately
via certified post.
I provide the Clerk of Courts with a stamped-addressed envelope for them to
return your certified license to you. In most cases, it may very well be waiting
for you when you return from your honeymoon.
You receive a photocopy of your license with an official stamp (not
even a raised seal) indicating it is a certified copy of your license.
The clerk of courts keeps the original. The certified copy is all that
is required for official name changes, but it is not very pretty so I do
provide every couple with a keepsake Marriage Certificate that is a
little more attractive.
Florida Statue
741.10 does allow for proof of marriage in the absence of a properly
filed license. This is when having two witnesses does come in handy.
They can attest to having been present when the marriage ceremony was
performed. Such affidavits carry the same legal weight as a certified
marriage license.
Lost or Damaged License? I hate
to admit it, but I have seen a license destroyed after the ceremony, but
before filing it at the courthouse. Right after the ceremony, a gust of
wind blew the license and all accompanying paperwork right into the
Indian River. The current dragged it away before some helpful fishermen
could make it to the end of the dock with their nets. If your license is
lost or destroyed, the courthouse can pull up your record and print a
new license. The bride and groom have to show up in person again to sign
the new license and the officiant has to complete the certificate of
marriage at the bottom of the license, but you don't have to repeat the
wedding. Unless you really want to of course. When it happened to this
particular couple, we met at the courthouse so everything could be done
at once and they received their certified copy on the spot.
If a valid
marriage license is not presented prior to the ceremony, I cannot perform a legally valid marriage ceremony. In the absence of a valid
marriage license, the couple may sign a waiver stating their understanding that
any ceremony performed without the presence of the license will be symbolic and
will not result in their legal status as husband and wife. (Pssst, I've never had to do this.)
- Non-residents may
obtain a Florida
marriage license by mail
using an expeditor service.
- Non-residents may apply in person at a Clerk of Courts office
with no waiting period.
- Non-residents may apply directly with the
Clerk of Courts office through the mail. I recommend starting
the process at least a month prior to the wedding to allow for
time to obtain notarized signatures, mailing the paperwork back and
forth with the Clerk of Courts office and correcting any potential
typos. I have
only experienced one "nail biter" marriage license experience and even that one
worked out well in the end. Despite the bad reputation of "red tape," you'll be
fine!
Marriage licenses can be obtained at a county Clerks of Court. The list of
Florida counties is on the web at
http://dlis.dos.state.fl.us/fgils/coclerks.html.
I have included direct links to the Brevard County Clerks of Court site below
since that is where I reside and where I have experience officiating weddings .
Although
Florida
Statutes 741.04, requires persons applying for a marriage license to provide
identification and
their Social Security numbers, be prepared with photo
identification. If either person has been married previously, he
or she needs to have the date when the divorce was final or proof of the divorce
if it was granted recently. Florida does not require a blood test.
As of January 1, 1999 Florida residents wishing to be married must do one of the
following:
-
complete a 4-hour premarital course given by a provider registered with
the Clerk of Circuit Court (Florida license fee $61.00), or
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have a 3-day waiting period apply to your license after submitting
application to marry with the Clerk of Circuit Court (Florida license fee
$93.50).
For more information, please refer to
Florida
Statutes 741.0305.
Florida
Statutes 741, the current and complete legal code concerning marriage in the
state, contains detailed but verbally dense information on marriage licenses, including fees and
procedures. The following websites have much more user-friendly
information.
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The Marriage License
