Florida Equal Marriage Information Guide

This guide includes information on what you need to know to get married or have your marriage recognized in Florida.

What do I need to get a marriage license?

To obtain a marriage license, the couple must bring a photo identification, such as a driver’s license, state identification card, military identification card, or valid passport to their County Clerk’s Office.

Anyone who has been issued a Social Security number must provide it, but people do not need to carry their Social Security card. A person who is not a U.S. citizen may provide an “alien registration number” or another form of identification, such as a U.S. driver’s license number or foreign passport.

There is a fee of $93.50 for obtaining a marriage license. This can be reduced by completing a certified pre-marriage counseling course.

Where is my County Clerk’s office?

The State of Florida has created this list with the contact information for all 67 Florida County Clerks.

Can I get a license in a county other than where I live?

Yes, a Florida marriage license can be issued by any county, regardless of where you or your partner reside.

Do both people need to go to the clerk’s office to get the license?

In general, the answer is yes. If one of the persons to be married is unable to go in person because of illness or other reason, he or she should contact the clerk in advance to see if special arrangements can be made.

Will I be able to get married right away when I get my license?

Florida law requires Florida residents to wait three days between the issuance of a marriage license and the license taking effect. The 3-day waiting period does not apply if the applicants are non-residents.

The 3-day period can be avoided by completing a premarital orientation course or by filing a motion with the County Court alleging that the wait causes them hardship or distress.

Can I get married any time after receiving my license?

A Florida marriage license is valid for 60 days after it is issued. The marriage ceremony must take place before the 60 days have passed.

Can I get married in any county in Florida?

You should be able to do so. On January 1, the United States District Judge in our Equal Marriage case issued an “Order on the Scope of his Preliminary Decision,” which clarifies that the Constitution requires all Florida court clerks to begin issuing marriage licenses to same-sex couples when the stay expires.

A Florida marriage license can be issued by any county, regardless of where you or your partner reside.

What if my county clerk’s office refuses or is not ready to issue licenses to same-sex couples when the stay expires?

If your county is not willing to offer marriage licenses to same-sex couples, please contact us using this form to let us know. The ACLU is committed to ensuring that gay and lesbian couples can obtain marriage licenses in all 67 Florida counties. On the other hand, if you are denied a marriage license, you may go to another Florida county to obtain a license.

Who can officiate at my wedding?

According to Florida law, “All regularly ordained ministers of the gospel or elders in fellowship with any church or other ordained clergy, and all judicial officers, including retired officers, circuit court clerks, and notaries public of this state” may perform a marriage.

We got married out of state, but we live in Florida. Do we need to remarry in Florida for the state to recognize our marriage?

No. If you were legally married in another state, you do not need to remarry in Florida. Our lawsuit specifically focuses on the issue of recognition of marriages performed outside of Florida, and your marriage must be recognized in the state when the stay in the case expires. In order to obtain certain benefits, however, such as adding your spouse to your health insurance plan or making certain pension and benefit designations, you will need to take action (usually by completing and submitting a form), just as you would be required to do for a male or female partner. The process for doing so will be the same as for a different sex couple.

If you are having difficulty having your marriage recognized by a state or other government agency after the court’s deferral has expired.

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