Florida, known for its sunshine and beaches, also boasts some unique—and perhaps surprisingly quirky—marriage laws. While not necessarily "weird" in the strictest sense, these legal nuances stand out compared to other states and often leave people scratching their heads. This article delves into some of these peculiarities, offering clarity and shedding light on Florida's approach to matrimony.
What Constitutes Legal Marriage in Florida?
Before exploring the unusual aspects, let's establish the basics. Florida recognizes marriage as a legal union between two consenting adults. This union grants numerous rights and responsibilities, impacting everything from taxes and healthcare to inheritance and property ownership. The key requirement is the legal capacity to marry – meaning both individuals must be of legal age (18, or 17 with parental consent), single (not already married), and mentally competent to understand the commitment they are making.
Can You Marry Your Cousin in Florida?
This is probably the most frequently asked question regarding Florida's marriage laws. The simple answer is: no, you cannot marry your first-degree cousin in Florida. Florida law explicitly prohibits marriage between first-degree relatives, including cousins. This restriction aims to reduce the risk of genetic disorders in offspring. While some states have relaxed these rules, Florida maintains a relatively strict stance on consanguineous marriages.
What are the Residency Requirements for Marriage in Florida?
Florida doesn't impose stringent residency requirements for marriage. You don't need to be a Florida resident to get married in Florida. This makes the state a popular destination for destination weddings. However, both parties must meet the basic requirements of being of legal age and single. The marriage license is issued by the county clerk in the county where the ceremony takes place.
Are Common-Law Marriages Legal in Florida?
No, Florida does not recognize common-law marriages. This means that simply living together and presenting yourselves as a married couple doesn't automatically grant you the legal rights and protections of marriage. To be legally married in Florida, you must obtain a marriage license and have a legally recognized ceremony performed by an authorized officiant.
What Happens if You Get Married in Another State and Then Move to Florida?
Florida recognizes marriages legally performed in other states and countries, as long as they were legal under the laws of the jurisdiction where the marriage occurred. This means if you marry in a state that allows cousin marriage (where it's legal) and then move to Florida, your marriage will still be recognized. However, this doesn’t change the fact that Florida prohibits marrying a first-degree cousin within the state.
Can You Get Married in Florida if You're Already Married?
This one seems obvious, but it's worth stating: Bigamy is illegal in Florida. Attempting to marry while already married is a criminal offense.
Does Florida Have Any Unusual Marriage License Requirements?
While Florida doesn't have overtly unusual requirements beyond standard identification and proof of age, it's crucial to ensure all necessary paperwork is correctly completed and submitted to the county clerk's office before your wedding. Failure to do so could delay or even prevent the marriage from being legally recognized.
This information is for general knowledge purposes only and is not legal advice. Consult with a legal professional for specific legal guidance regarding Florida marriage laws. Laws are subject to change, and it is always wise to verify information with the relevant authorities before making any decisions regarding marriage.
