Can cousins get married in Florida? The answer is yes. In Florida, it is legal for first cousins to marry each other.
Definitions: A first cousin is a person who shares a grandparent with you. First cousins are the children of siblings, such as your aunt’s or uncle’s kids. Florida law does not give “first cousin” its own legal definition, so the common family meaning applies.
The law in Florida has a list of family members who cannot get married. This list is to prevent marriages between very close relatives. For example, a person cannot marry their parent, grandparent, or child. This is called a direct family line. Also, a person cannot marry their brother or sister. The law also says you cannot marry your aunt, uncle, niece, or nephew.
First cousins are not on this list. Because the law does not name first cousins as a group that cannot marry, their marriage is allowed. So, if you and your first cousin want to get married in Florida, the law permits it. You can apply for a marriage license just like any other couple that is allowed to marry.
Process/Steps: To get married, you and your cousin apply for a marriage license in person at any Florida county clerk’s office. You fill out an application, pay the fee, and show valid ID. Once the license is issued, an authorized officiant such as a judge, notary, or clergy member performs the ceremony. The signed license is returned to the clerk’s office within 10 days to finalize the marriage.
Timelines: Florida residents must wait three days after the license is issued before the wedding can take place. This waiting period is waived if both parties finish a state-approved premarital course. People who do not live in Florida do not have to wait at all. Once issued, the license is good for 60 days. If the ceremony does not happen in that window, the license expires.
It is good to know that all other marriage rules still apply. For example, both people must be old enough to marry. In Florida, you generally must be 18 years old. This is the minimum age to marry in Florida. There is a small exception for teen marriage. A 17-year-old can get married if their parents agree and the person they are marrying is not more than two years older.
Costs/Fees: The standard marriage license fee in Florida is $86. The fee drops to about $61 for couples who finish a registered premarital course. Fees can vary a little by county, so it helps to call your local clerk’s office before you go. Florida does not require a blood test to get married.
Evidence/Documents: You do not need to prove you are cousins. When you apply, each of you must bring a valid photo ID, such as a driver’s license, passport, or military ID. Both parties must also give their Social Security numbers. If either of you was married before, you need to know the exact date that marriage ended. For divorces within the past six months, a certified copy of the final decree may be required.
Which States Prohibit Cousin Marriages?
Florida allows cousin marriage, but many other states do not. It is helpful to know that the rules are not the same everywhere in the United States. Each state makes its own laws about who can get married.
About half of the states have laws that say first cousins cannot marry. These laws are in place for different reasons, often based on old traditions or concerns.
Here are some of the states where marrying your first cousin is not allowed:
- Arkansas
- Connecticut
- Delaware
- Iowa
- Kansas
- Kentucky
- Louisiana
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Dakota
- Tennessee
- Texas
- Washington
- West Virginia
- Wyoming
Some of these states might have exceptions. For example, a state might allow cousin marriage if the couple cannot have children. But in
Which Other States Allow Cousin Marriages?
Just as many states say no to cousin marriage, many others say yes. Florida is one of about 20 states that allow first cousins to marry without any extra rules.
If you are in one of these states, the law views a marriage between first cousins the same as a marriage between any two unrelated people.
Here is a list of states, including Florida, where it is generally legal for first cousins to marry:
- Alabama
- Alaska
- California
- Colorado
- Florida
- Georgia
- Hawaii
- Maryland
- Massachusetts
- New Jersey
- New Mexico
- New York
- North Carolina
- Rhode Island
- South Carolina
- Vermont
- Virginia
A few other states, like Arizona, Illinois, Indiana, Maine, Utah, and Wisconsin, allow first cousin marriage but only under certain conditions. For example, they might require the cousins to be over a certain age or unable to have children.
State Variations: The rules in these conditional states are not the same. Arizona and Utah allow first cousin marriage only if both parties are 65 or older, or meet proof-of-infertility rules. Illinois sets the age limit at 50. Indiana requires both parties to be 65 or older. Maine allows it only after the couple completes genetic counseling. Wisconsin allows it if the woman is 55 or older, or if one spouse is infertile.
Are Cousin Marriage Licenses From Out of State Valid?
This is a very important question. Let’s say you and your cousin live in a state where you cannot get married. You decide to travel to Florida to get married legally. What happens when you go back home? Will your marriage be recognized?
Usually, the answer is yes. There is a rule that says states must respect the public acts and records of other states. This includes marriage licenses. So, if you get married legally in Florida, your home state will most likely see your marriage as valid.
Risks/Penalties: If you move to a state that does not recognize cousin marriage, your marriage may not receive full legal protection there. That can cause issues with inheritance, property rights, spousal benefits, and medical decision-making. The validity of your marriage could also be challenged in court cases such as divorce or custody disputes. Laws vary, so it pays to check before you move.
This is especially true for Florida. Since Florida allows cousin marriage, it does not have a public policy against it. So, if a couple got married in another state that allows it, like Colorado, and then moved to Florida, their marriage would be seen as valid. Florida recognizes marriages that were legal in the place they were performed. If you have questions about your out-of-state marriage, a Florida lawyer can give you advice.
The Importance of Hiring a Lawyer: A lawyer can confirm your marriage will be valid where you plan to live, help with any residency or licensing questions, and protect your rights if your marriage is ever challenged. Without legal guidance, you risk problems with inheritance, property, and spousal benefits. These issues can be tough to fix later, especially if you cross state lines.
Is Incest Illegal in Florida?
Is incest illegal in Florida? The answer is a clear yes. Florida has a strong law against it.
Incest is defined as marrying or having sexual relations with a very close family member. The law is very specific about which family members this applies to. The goal is to protect families and prevent harm.
Under Florida Statute § 826.04, incest is a serious crime. It is a third-degree felony. This means a person found guilty could face prison time and large fines. The law lists the family relationships where marriage or sex is forbidden. These are the same relationships that cannot lead to a legal marriage. They include parents and children, grandparents and grandchildren, brothers and sisters, and uncles, aunts, nephews, and nieces.
Are First Cousins Considered “Close Family Members” for Purposes of Incest Law?
No, first cousins are not on the list of “close family members” in Florida’s incest law. The law is very clear about which relationships are forbidden. It lists them one by one.
The list includes:
- Parent and child
- Grandparent and grandchild
- Brother and sister
- Uncle and niece
- Aunt and nephew
Because first cousins are not on this specific list, a relationship between them is not considered incest under Florida law. This is why their marriage is legal in the state. The law draws a line, and first cousins are on the side of that line where marriage is allowed. A marriage between a brother and sister, however, would not be legal. That kind of marriage would be automatically void, which is called a nullity of marriage. It is treated as if it never happened.
It is also good to know that Florida does not recognize common law marriage. This is when a couple is considered legally married after living together for a long time without a license. Florida stopped allowing this type of marriage a long time ago.
What Are Parental Rights for Incestuous Children?
When a child is born from a relationship that the law calls incest, the main focus of the court is the child’s well-being. Florida law always puts the “best interests of the child” first.
This means a judge will make decisions to protect the child. The judge looks at everything to decide what is safest and healthiest for the child’s life. The parents’ relationship will be part of this review. In these situations, it’s a good idea to talk to a Florida family attorney to understand your rights and options.
The court might look at things like:
- The child’s safety at home.
- The ability of the parents to provide a stable home.
- The physical and mental health of the parents and the child.
A judge has several options. The court could set up a parenting plan that puts rules in place to keep the child safe. In very serious situations, a court might decide to end the parents’ rights. This would happen if the court believes the child is in danger or not being cared for properly. If that happens, the child could be placed with other family members or in foster care for adoption. Every case is different, and a judge makes the final choice based only on what is best for the child.
If you are in a valid marriage and it ends, the process is different. You would go through the normal steps of filing for divorce in Florida to decide custody and other matters.
Do I Need a Florida Lawyer To Help With Cousin Marriage Laws?
If you have questions about marriage laws in Florida, a Florida lawyer can help. They can explain the rules and how they apply to you. A lawyer can confirm that you are meeting all the legal requirements for a marriage license. This can prevent problems down the road. An attorney consultation can give you clear answers and confidence.
If you are facing any kind of family legal issue, a Florida family attorney is the right person to call. They can help with marriage, divorce, child custody, and more. They understand the laws and the court system.
Are you ready to speak with a lawyer? We can help you connect with a qualified legal professional today.
