Answers to Your Florida Same-Sex Marriage Questions

As of January 6, 2015, Florida recognizes same-sex marriages. Since the change in the law is new, it is likely you have many questions. Below are a few of the common questions we are receiving, but if you would like additional information, please contact us to schedule an appointment.

How quickly can we get married after obtaining our license?

There is a three-day delay in the effective date of the marriage license if either partner is a resident of Florida. However, it is possible to obtain a waiver of the waiting period if you and your partner participate in a marriage preparation course. The course must meet certain requirements and the course provider must be registered with the Clerk. Additionally, you may be able to obtain an exception to the three day waiting period if you assert hardship.

If neither partner is a resident of Florida, there is no waiting period.

If we were legally married in another state, but live in Florida now, are we required to marry again for Florida to recognize our marital status?

No. Legal marriages from other states will be recognized and valid in Florida. However, it is important to remember that you must submit the necessary paperwork (just as a different-sex couple must do) to apply for Social Security benefits or to add your spouse to your health insurance plan.

How quickly must we marry after obtaining the marriage license?

A marriage license is valid within Florida for up to 60 days after it was issued by the Clerk’s Office. You must return it to the Clerk’s Office where it was issued within 10 days after the marriage is performed.

Who must officiate a same-sex wedding?

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

For a consultation with attorneys who are on your side, contact our office. The Men’s Divorce Law Firm is here to provide you with the advice and guidance you need.