FLORIDA Requirements
Family
Law Handbook
(prepared as a public service by the
Family Law Section of The Florida Bar)
For single adults to obtain a marriage license they must both be 18 years or older and come into the Clerk's office, (Exceptions can be made only when there is good cause in extreme circumstances.) Bring your driver's license and social security cards. If you are unable to produce a social security card you may submit a naturalization number, immigration number or passport number. The process for obtaining a marriage license normally takes no more than 20 minutes. When the application if filed, the license is issued immediately.
If either party has been widowed or divorced, they must know the month/day/year that the marriage ended.
The fee to obtain a marriage license is $88.50, however, applicants who file a certification that both parties have completed a state-sanctioned marriage preparation course for (Florida resident’s only) within the past 12 months, are entitled to a discount of ($32.50), making the fee $56.00. The Clerk’s Office maintains a list of registered course providers. You may make payment by personal check or cash.
For Florida residents who file certification that they both have completed a state-sanctioned marriage preparation course within the past 12 months, there is no waiting period. For Florida residents who have not taken the course, there is a full three-day waiting period between issuance of the license and the time it becomes valid for use. (Note: The parties may take the course separately, they are not required to take it together, but both must take it in order to qualify for the discount and both must read a 16 page Family Law Handbook (copy provided by the Clerk’s Office).
The waiting period does not apply to nonresidents of Florida. If one party is a resident of Florida and the other party is a nonresident the three-day waiting period is waived only if the Florida resident takes the state-sanctioned marriage preparation course, but no discount is given.
The law provides waiving the three-day waiting period if the parties declare there is a specific "hardship" or "good cause." A County Court Judge must make the determination of approving a waiver of the delayed effective date before the marriage license is issued.
A Florida marriage license is valid for 60 days from date of validity. The marriage license must be returned to the clerk’s office for recording within 10 days after the marriage is performed.
Certified copies are normally mailed out within 10 days after recording in official records to the couple. One certified copy is provided as part of the marriage license fee. Extra-certified copies may be obtained for a fee of $2.00 each.
There are restrictions for obtaining a marriage license. To obtain a license without parental consent – both male and female must be at least 18 years of age. The 18-year minimum age does not apply for individuals who have been married previously. A County Court Judge can waive the age requirements for applicants who can prove that they are parents or expectant parents.
No license to marry shall be granted to any person under the age of 16 years of age, with or without the consent of the parents (unless both parties sworn under oath that they are the parents of a child, or when the fact of a pregnancy is verified by the written statement of a licensed physician) and only then, the County Court Judge can issue the license.
Both parents must give their consent for a minor to marry, except if only one parent has sole legal custody of the minor or if the other parent is deceased. (Provide documents)
There are no citizenship requirements for couples wanting to marry in the State of Florida.
A blood test is not required in the State of Florida.
Florida law prohibits close blood relations from legally marrying. These include such relationships as parent-child, brother-sister, uncle-niece, and aunt-nephew. The nearest degree of relations who may legally marry in the State of Florida is first cousins.
Marriages between persons of the same gender are not recognized in the State of Florida.
Every marriage license shall be issued by a County Judge or Clerk of the Circuit Court under his hand and seal. The County Judge or Clerk of the Circuit Court shall issue such license, upon application for the license, if there appears to be no impediments to the marriage. (F.S. 741.01)
It is unlawful for any County Court Judge or Clerk of the Circuit Court in the state to send out of his office any marriage license signed in blank to be issued upon application to persons not in the office of the County Judge or Clerk of the Circuit Court. (F.S. 741.03)
Under some unusual circumstances, and at the discretion of the marriage license supervisor, an application may be filled out by one of the parties (leaving no blanks), with the understanding that the absent party will provide sworn certification subsequently in order for the license procedure to be properly validated, as required by Chapter 741 of the Florida Statutes.
All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, clerks of the circuit courts, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law.
Any marriage which may be had and solemnized among the people called "Quakers" or "Friends" in the manner and form used or practiced in their societies, according to their rites and ceremonies, shall be good and valid in law; and whenever the words "minister" and "elder" are used in this chapter, they shall be held to include all the persons connected with the society of Friends, or Quakers, who perform or have charge of the marriage ceremony according to their rites and ceremonies. (F.S. 741.07)
For complete information go online Nassau County Clerk or call 904-548-4600
GEORGIA Requirements
1. AGE REQUIREMENTS
SUBJECT TO PARAGRAPH 7 BELOW, THE AGE FOR MARRIAGE IN GEORGIA
WITHOUT PARENTAL CONSENT IS 18 FOR BOTH PARTIES. (19-3-36) IF THE BRIDE OR GROOM
IS 16 OR 17, THEY MAY MARRY IF THE CONSENT OF THE PARENTS OR GUARDIAN(S) OF THE
UNDERAGE APPLICANT IS GIVEN. IF ONE PARENT HAS CUSTODY OF THE MINOR, THEY ARE
REQUIRED TO BRING IN PROOF OF CUSTODY (DIVORCE DECREE SHOWING THE CHILD’S
NAME). GUARDIAN(S) ARE ALSO REQUIRED TO SHOW PROOF OF CUSTODY (GUARDIANSHIP
PAPERS). THE PARENT(S) OR GUARDIAN(S) MUST APPEAR IN PERSON TO GIVE CONSENT.
THERE IS NO LONGER A WAITING PERIOD. (19-3-37)
2. RESIDENCE
BOTH THE BRIDE AND GROOM MUST APPLY IN PERSON IN ANY COUNTY IN GEORGIA, AS LONG
AS ONE IS A RESIDENT OF GEORGIA. IF NEITHER ONE IS A RESIDENT OF GEORGIA, THEN
THE COUPLE MUST APPLY IN THE COUNTY WHERE THE CEREMONY WILL BE PERFORMED.
(19-3-30 (b) 2)
3. PROOF OF AGE
GEORGIA LAW REQUIRES PROOF OF AGE BE PRESENTED AT THE TIME OF MAKING
APPLICATION. BY LAW, ACCEPTABLE PROOF OF AGE IS ANY OF THE FOLLOWING: BIRTH
CERTIFICATE, DRIVER’S LICENSE, BAPTISMAL CERTIFICATE, CERTIFICATE OF BIRTH
REGISTRATION, SELECTIVE SERVICE CARD, COURT RECORD, PASSPORT, IMMIGRATION
PAPERS, ALIEN PAPERS, CITIZENSHIP PAPERS, ARMED FORCES DISCHARGE PAPERS, ARMED
FORCES IDENTIFICATION CARD, OR HOSPITAL ADMISSION CARD -- CONTAINING THE FULL
NAME AND DATE OF BIRTH. (19-3-36)
4. PROOF OF DIVORCE
IF EITHER APPLICANT HAS RECEIVED A DIVORCE, HE OR SHE OR BOTH MUST SHOW A COPY
OF THE FINAL JUDGMENT AND DECREE. IT MUST SHOW THE JUDGE’S SIGNATURE AND DATE
DIVORCE WAS GRANTED. (19-3-2 (3))
5. NAME AFTER MARRIAGE
GEORGIA LAW REQUIRES EACH APPLICANT TO DESIGNATE THE LEGAL SURNAME HE OR SHE
WILL USE AFTER MARRIAGE. THE APPLICANT MAY CHOOSE (1) HIS OR HER PRESENT SURNAME
(2) THE SURNAME OF A PREVIOUS MARRIAGE (3) SPOUSE’S SURNAME OR (4) A SURNAME
AS PROVIDED IN (1) OR (2) OF THIS PARAGRAPH IN CONJUNCTION WITH THE SURNAME OF
THE OTHER SPOUSE. (19-3-33.1 (b))
6. PREGNANCY OR CHILD BORN OUT OF WEDLOCK
IF THE FEMALE APPLICANT IS PREGNANT, OR THE APPLICANTS ARE THE PARENTS OF A
CHILD BORN OUT OF WEDLOCK, NO PARENTAL CONSENT IS REQUIRED. (19-3-36 (b)) THE
COURT WILL NOTIFY THE PARENTS OF SUCH APPLICANT 17 YEARS OF AGE OR YOUNGER, THAT
THE LICENSE HAS BEEN ISSUED. (19-3-38) IF THE FEMALE APPLICANT IS PREGNANT AND
SHE OR THE GROOM ARE UNDER THE AGE OF 18, THE APPLICANTS MUST SUBMIT A STATEMENT
FROM A LICENSED GEORGIA PHYSICIAN THAT SHE IS PREGNANT, AND THE APPROXIMATE DUE
DATE. IF THE APPLICANTS ARE THE PARENTS OF A CHILD BORN OUT OF WEDLOCK, AND ONE
OR BOTH ARE UNDERAGE, THEY SHOULD PRESENT A CERTIFIED COPY OF THE BIRTH
CERTIFICATE FOR THE CHILD AT THE TIME OF APPLICATION. THE CHILD’S BIRTH
CERTIFICATE MUST SHOW BOTH PARENTS NAMES. (19-3-36 (b))
7. RESTRICTIONS
THE APPLICANTS MUST BE OF SOUND MIND AND CANNOT HAVE ANY UNDISSOLVED MARRIAGES.
(19-3-2) ANY PERSON WHO MARRIES A PERSON TO WHOM HE OR SHE IS RELATED, EITHER BY
BLOOD OR BY MARRIAGE, AS SET FORTH IN THIS PARAGRAPH, SHALL BE PUNISHED BY
IMPRISONMENT FOR NOT LESS THAN ONE NOR MORE THAN THREE YEARS: (1) FATHER AND
DAUGHTER OR STEP-DAUGHTER; (2) MOTHER AND SON OR STEP-SON; (3) BROTHER AND
SISTER OF THE WHOLE BLOOD OR THE HALF BLOOD; (4) GRANDPARENT AND GRANDCHILD; (5)
AUNT AND NEPHEW; OR (6) UNCLE AND NIECE. (19-3-3) MARRIAGES BETWEEN PERSONS OF
THE SAME SEX ARE PROHIBITED. (19-3-3.1)
8. COSTS FOR APPLICATION AND CERTIFIED COPIES
THE COST OF EACH APPLICATION AND LICENSE FOR MARRIAGE IS $31.00 CASH ONLY. IF
NOTICES MUST BE MAILED TO THE PARENT(S) OR GUARDIAN(S) OF UNDERAGE APPLICANTS,
THE APPLICATION AND LICENSE FOR MARRIAGE FEE WILL BE $32.00. CASH ONLY.
9. HOURS
THE PROBATE COURT IS OPEN MONDAY THROUGH FRIDAY, EXCEPT FOR LEGAL HOLIDAYS. OUR
OFFICE HOURS ARE FROM 9:00 A. M. UNTIL 4:30 P. M.
For the latest requirements online Ware County
Contact:
Amelia Island Weddings
e-mail - info@ameliaislandweddings.com
Phone - 904-491-0070