Marriage License Information

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Marriage Law Handbook

Marriage Law Handbook (Spanish Version)

 

Frequently Asked Questions

Who May Apply For A Marriage License?

  • Any male or female age 18 or over.
  • A minor whose parents are deceased and no guardian is appointed.
  • Minors, who under oath, swear that they are parents or expectant parents of a child. In addition, the pregnancy must be verified by a written statement of a licensed physician. When the fact of pregnancy is verified by the written statement of a licensed physician, the county court judge may, in his/her discretion, issue a license to marry.
  • A previously married minor.
  • A person age 16 or 17 with parental or guardian consent.
Where Consent Is Required, Is Consent Of Both Parents Required?

Yes, unless the parents are divorced and the custody and control is placed in one parent, then only the parent having such custody and control shall be required to give the written consent. Written consent of an incompetent parent is not required (Attorney General Opinion 49-122). All written consents must be acknowledged (notarized).

Is There A Waiting Period For Issuance Of The License?

Yes, a three day wait if you don't take the four hour premarital preparation course from a registered provider.

Are Blood Tests And Physical Exams Required?

No. The law requiring these tests was abolished October 1, 1986.

Must I Apply For A Marriage License In The County Where I Live?

No, a marriage license may be applied for and solemnized in any Florida county.

Where Can I Apply For A Marriage License In Jackson County?

A marriage license may be obtained Monday through Friday, 8:00 am. to 4:30 p.m. at the Marriage Division of the Clerk of Circuit Court's Office in the Jackson County Courthouse.

How Long Is A Marriage License Valid Once It Is Issued?

The marriage must be solemnized within sixty (60) days of issuance of the Marriage License. The ceremony can be performed anywhere in the State of Florida.

Who May Perform Marriage Ceremonies?

  • A regularly ordained minister or other ordained clergy;
  • Elders in communion with some church;
  • All judicial officers (Judges) of the State of Florida;
  • Clerks of Circuit Court and their deputies of the State of Florida; and
  • Notaries Public of the State of Florida.
  • In addition, the law provides that marriages may be performed among "Quakers" or "Friends", in the manner and form used or practiced in their societies.
  • Who Is A "Regularly Ordained Minister"?

He/she is a minister who has been recognized in the manner required by the regulations of the respective denomination to perform marriage ceremonies.

May A Marriage Be Solemnized Without A License?

No, Section 741.08 F.S. states that the party solemnizing the marriage shall require a properly issued license before performing the ceremony.

When And Who Should Return The License To The Clerk?

A marriage cannot be officially recorded until the license is returned to the Clerk. It should be returned within 10 days after the wedding. The party who performed the marriage is responsible for returning the completed license.

Can I Be Married In The Clerk's Office?

No

Can I Pay For My Marriage License With A Personal Check?

In Jackson County, local checks are accepted for a marriage license. Checks should be made payable to: Clayton O. Rooks, III, Clerk of Courts.

Changing Information On Documents

If your marriage means a change in name and/or address, remember to make the following important notifications:

  • Florida Department of Highway Safety and Motor Vehicles, Division of Drivers License.
  • Your nearest Social Security office.
  • Your voter's registration office.
  • Military Reserve commanding officer.
  • Beneficiaries: Members of your family are probably named as beneficiaries or joint owners on many of these documents (bank accounts, insurance policies, employment benefits, etc.) and you may wish to make your spouse the new beneficiary or joint owner.

Do both people need to come in together to apply for the marriage license?

Yes.

What if I have been previously married?

If anyone of the applicants have been previously married, they must provide the date the last marriage ended. For example, if the marriage ended due to the death of a spouse, the date of death is required. If the marriage ended in divorce, the date of the Final Judgement of Dissolution of Marriage is required.

What type of ID is required?

A driver license or other acceptable identification such as passports or employee identification cards.

What Is The Fee For A Marriage License?

The fee for a marriage license is $86.00. The Clerk retains $32.00 for taking the application, recording and preserving it as a permanent record of his/her office. However, the legislature provides that the remaining $54.00 be used to fund various state agencies and trust funds, as follows:

  • Domestic Violence Trust Fund $25.00
  • General Revenue $25.00
  • Department of Health $4.00

Must I take the premarital prepartion course?

No, but you must wait three days from the issuance date and pay the full price of $86.00. "A man and a woman who intend to apply for a marriage license under s.741.04(Fla. Stat.), may, together or separately, complete a premarital preparation course of not less than 4 hours. Each individual shall verify completion of the course by filing with the marriage application a valid certificate of completion from the course provider, which certificate shall specify whether the course was completed by personal instruction, videotape instruction, instruction via other electronic medium, or a combination of those methods. s.741.0305(Fla. Stat.)"

According to s.741.01(5) Florida Statues, the course can be taken up to 1 year prior to the date of application for a marriage license. The cost of the course is to be paid by the applicant.

Couple, residents, both took course (with valid certification) $61.00
no wait
Couple, residents, one took course $86.00
3-day wait
Couple, non-residents (no course required) $86.00
No wait
Couple, one non-resident; one resident no course $86.00
3-day wait
Couple, one non-resident; one resident took course $86.00
3-day wait

(Both parties have to be Florida Residents to be eligible for the counseling)

(Florida Resident means you must have a Florida ID or picture ID with a Florida Address)

A list of premarital prepartion course providers are available in the Marriage Division in the Clerk's Office.