Invalid Marriage Licenses in Florida

In Florida, to complete a legally valid marriage, the parties must first obtain a marriage license from the Clerk of the Court at their local courthouse. The local courthouse is the court in the county in which they live.

The following must happen if an application for a marriage license is to be successful in Florida:

• Age: Both prospective spouses must be 18 years old or older. If an applicant is under 18, they must have a court order to obtain a marriage license.
• Identification: An applicant must show a valid, government-issued photo identification, e.g., a driver’s license, passport, or state i.d. card. Only a U.S. driver’s license, U. S. passport, or valid military i.d. card is acceptable for non-U.S. citizens.
• Residency: The applicants do not have to be residents of Florida.
• Waiting Period: The state of Florida has a 3-day waiting period after the application for a marriage license is submitted.
• Application Fee: The fee for the application for a marriage license is $93.50. It must be paid.
• Blood Tests: No blood tests are required.
• Divorce Papers: If either party has been divorced within the past 6 months, then they must show their divorce decree to get a marriage certificate.
• Translation: If the name or any other information on the identification is in any language other than English, the identification must be translated.

In Florida, there is a 3-day waiting period for Florida residents between the time the license is issued and the time the marriage ceremony can take place. This waiting period is waived for non-residents and couples who complete a premarital counseling course.

At the time of the marriage ceremony, both spouses and the person who officiates at the marriage ceremony must sign the license. Together, they all certify that the marriage did in fact occur. The person who officiates must be a person authorized by Florida law to officiate marriages as follows:

• An ordained minister, priest, or rabbi
• A judge, clerk of the court, or notary public
• Other designated individuals who are authorized by a religious organization or state government to officiate at marriages.

After the license is signed as required, it must be returned to the Clerk of the Court. There it is filed, and the marriage is officially registered with the government of Florida.

There are many reasons why a marriage license may not have been filed promptly with the court. It might have been forgotten, lost, destroyed, or allowed to expire.

A filed license is the way that the government is notified that the marriage occurred. Without this notification, there’s no way for the legal status of the spouses to change and for all the accompanying legal consequences to take effect. However, if all other requirements are met, it is still a valid and legally binding marriage.

If a marriage takes place as required and the signed license is simply not returned to the Clerk of the Court that issued it within 10 days of the marriage, it does not create a problem in Florida.

Although the license is viewed as having expired, the ten-day window exists so that the marriage can be recorded promptly.

Even a license that has expired can be returned is officially recognized as of the day documented on the license. However, if the marriage does not take place within 60 days of being issued, then it is no longer valid and cannot serve the purpose of documenting a valid marriage.

If the license is never filed and cannot be located, a duplicate license can be requested. It then needs to be signed again by the spouses and the person who officiated at the marriage. It can then be submitted and filed and becomes available for use in preparing a marriage certificate.

If that is not possible, a possible alternative would be to complete an affidavit of marriage. A Florida lawyer would be able to explain the entire process of getting married in Florida and other options in that state.

What Is the Difference Between a Marriage License and a Marriage Certificate in Florida?

A marriage license is a legal document, as described above, that provides legal permission for the prospective spouses to get married legally.

A marriage certificate is also a legal document that proves a marriage has taken place. It includes details about the spouses who married, such as their names, ages, and addresses. It also includes the date and location of the marriage ceremony.

In Florida, the Department of Health is responsible for issuing marriage certificates. They are the only organization authorized to do so. The department keeps records of marriages and divorces that take place in the state.

Florida marriage certificates issued between June 6, 1927, and the present that have been recorded as legally required are available through the Florida Department of Health’s Bureau of Vital Statistics.

A marriage certificate is issued as an abstract of the information taken from the marriage license and is acceptable as evidence that a marriage was finalized and recorded.

When Can a Florida Marriage License Be Declared Invalid?

A marriage license can be declared invalid if the person who requested one provided false information to obtain it. So, for example, if the person was still married at the time of requesting a marriage license to another person who is not their current spouse and they represent themselves as unmarried, then the license issued would be an invalid marriage license.

The married spouse who enters into another marriage with an invalid license would be guilty of bigamy.

If either of the prospective spouses is underage and does not have the necessary order from a court, the license is invalid. Any other inaccuracies on the license would make it invalid.

What If We Got Married in Florida but Later Discovered the License Was Invalid?

If spouses have married with a license that later proves to be invalid, then the marriage may not meet Florida’s requirements for validity. This may make the marriage subject to annulment. Annulment is a legal process that results in a court declaring a marriage null and void as if it never occurred.

The grounds for annulment in Florida are as follows:

• Lack of Consent: If one or both parties did not freely consent to the marriage because they were subject to coercion, fraud, or were mentally incapable of freely consenting, an annulment may be granted.
• Failure to Be of Legal Age: If either party was underage and without the necessary court order allowing them to get married, the marriage may be subject to annulment.
• Bigamy: If one party to a marriage was still legally married to someone else, their second or subsequent marriage may constitute bigamy and may be annulled.
• Close Blood Relation: Marriages that violate Florida’s restrictions on incest, or marriage involving close blood relatives, are invalid and subject to annulment upon petition.

Otherwise, if a marriage license is valid and the couple married as legally required, if one of the spouses wishes to terminate the marriage, they must seek a divorce in a court of law. A Florida lawyer consultation would help a person understand the divorce process.

Should I Hire a Florida Family Lawyer for an Invalid Marriage License?

If you are uncertain about your marital status, you need to talk to a Florida family lawyer. Your lawyer will be able to review all of the documents involved, any Florida license and marriage certificate. In addition, your lawyer will want to review the facts of the situation, such as whether there was any false information on the license. Your lawyer should be able to tell you what your status is and if it presents a problem, tell you about your options.