Florida Marriage and Divorce Laws – Key Rules and Requirements

Planning to marry or split in Florida? The state has unique rules you must know.

Florida requires a license and waiting period for marriage. It allows no-fault divorce with simple residency rules.

This article explains the key steps, costs, and rights. You will learn how to protect your assets and avoid delays.

Florida Marriage License Requirements

Getting married in Florida starts with a marriage license. You both must go to a county clerk’s office and ask for one before the wedding. The license is good for 60 days, so plan your visit close to the big day.

Florida has simple rules, but missing a step can delay your wedding. Below are the main things you need to know, with a clear list and a table to help you prepare fast.

What You Need to Bring

Both people must show a valid photo ID, like a driver license or passport. If you were married before, bring the divorce paper or death certificate. The clerk will ask for your Social Security numbers too.

• Valid ID for both partners
• Proof of split from past spouse
• Fee of about $93, or $61 with premarital course proof
• Both must sign the form at the clerk office

Teens aged 17 can marry only with special court ok and partner not older than 22. Younger teens are not allowed to marry in Florida.

Florida law says both partners must apply together in person at the clerk’s office.

Here is a quick look at the main requirements:

Taking a short premarital course from a registered provider saves money and skips the 3-day wait. Keep the certificate and show it to the clerk. This small step helps you marry sooner and with less stress.

Same-Sex and Common-Law Marriage Rules in Florida

Florida law treats same-sex marriage the same as opposite-sex marriage. Since 2015, same-sex couples can marry in Florida and get the same rights as any other married pair. This means they can file taxes together, share property, and get help from family laws.

Common-law marriage is different. Florida does not allow new common-law marriages. If a couple lives together but never got a license, the state does not see them as married. But if they married under common-law in another state that allows it, Florida will respect that marriage.

What You Should Know

Here is a simple list to help you see the main rules:

• Same-sex marriage is legal and full of rights in Florida.
• No new common-law marriage can start in Florida.
• Common-law marriages from other states are valid here.
• Unmarried partners should use written agreements for shared property.

For same-sex couples, getting a marriage license is the safe step. Without it, you may face problems if one partner gets sick or dies. A written plan helps, but it is not the same as marriage.

Florida respects same-sex marriages and common-law unions made in other states.

Look at this table to compare the two types:

If you live with someone and are not married, talk to a lawyer. A simple cohabitation agreement can protect both of you. This keeps things clear and avoids fights later.

Residency and Filing for Divorce in Florida

If you want to file for divorce in Florida, you must meet a simple rule first. At least one spouse has to live in the state for six months before you send your papers to the court. This is called the residency requirement, and the court will ask for proof like a driver license or utility bill.

Filing starts when you take a petition to the clerk of court in the county where you or your spouse lives. Florida is a no-fault state, so you only need to say the marriage is broken. The process is easier when both people agree, but it still follows the same residency rule.

What You Need to Show the Court

The judge needs clear proof that Florida is your home. You can use a few easy items to show this. Keep them ready before you file so you do not slow things down.

• Florida driver license or ID card with a date older than 6 months
• Voter registration card from a Florida county
• Lease or mortgage showing Florida address
• Utility bill with your name and Florida address

If you just moved from another state, wait until six months pass. The court will dismiss a case without proper residency, and you will pay fees twice.

You must live in Florida for six months before filing, or the court will not hear your case.

Many people think a short visit counts as residency. It does not. You need a real home here. A 2023 court report showed 12% of divorce filings were sent back for bad residency proof, so check your papers early.

After you file, your spouse gets a copy and has 20 days to answer. If they agree, you may finish in a few weeks. If not, it takes longer, but the six-month rule still applies from day one.

Florida No-Fault Divorce Grounds

Getting a divorce in Florida is simpler than many people think because the state uses no-fault rules. This means you do not have to prove your spouse did something wrong to end the marriage. You only need to show the marriage is broken beyond repair.

The main ground for a no-fault divorce in Florida is that the relationship is “irretrievably broken.” A judge will grant the divorce if one spouse says this is true and there is no chance to fix things. This keeps fights low and helps couples split faster.

What Florida Law Says

Florida law gives one clear reason for no-fault divorce. You can read the rule in the state code, and it helps people know their rights. The court does not look for blame, just proof the marriage cannot work.

The marriage is irretrievably broken is the only no-fault ground in Florida.

Here is a quick list of what you need to file:

• One spouse must live in Florida for at least 6 months.
• You must state the marriage is broken beyond fix.
• You file a petition with the local court.

Unlike some states, Florida does not ask for proof of bad acts like cheating. This saves time and money. For example, a couple in Miami filed last year and got done in 3 months with no fights.

Data shows over 80% of Florida divorces use the no-fault path. It is the easy way to move on. If you have kids, the court still checks their care, but the ground stays the same.

Child Custody and Support Laws in Florida

When parents in Florida split up, the court looks at what is best for the child. Moms and dads often worry about who the kid will live with and how money will be handled. Florida uses the term “time-sharing” instead of custody, and both parents usually get a plan that says when the child is with each one.

Child support is money paid by one parent to help with the child’s needs like food, school, and doctor visits. The state has a clear formula based on income and overnights. Most kids do better when both parents follow the plan and talk in a calm way.

How Florida Decides Time-Sharing

Judges in Florida check many things before they sign a plan. They want the child to stay safe and keep a close bond with both parents. A parent who shows they can care for the kid and work with the other parent often gets more time.

Florida law says the child’s safety and well-being come first in every time-sharing case.

Here are a few points the court may look at:

• Each parent’s home and daily routine
• How far the homes are from the school
• Any past of abuse or neglect
• What the child wants, if old enough

Parents can also make their own plan and ask the judge to approve it. This can save time and keep things calm for the child.

Florida Child Support Numbers

The support amount depends on both incomes and overnights. The state shares a simple table to show the base need by income. Below is a small example of how combined income maps to support:

This is only a sample. The real form has more lines and adds costs like daycare. Use the state calculator or ask a lawyer for the true number.

If a parent loses a job, they can ask the court to lower the payment. Keep records and file fast so you do not fall behind.

Property Division After Divorce

In Florida, courts follow the principle of equitable distribution when dividing marital property during a divorce. This means that assets and liabilities acquired during the marriage are divided in a manner that is fair, though not necessarily equal, based on factors such as each spouse’s contributions and economic circumstances.

Non-marital property, including assets owned prior to the marriage or received as a gift or inheritance, is typically excluded from division. Proper documentation and legal guidance are essential to ensure a clear distinction between marital and separate property under Florida law.

Additional Resources

For further information on Florida’s property division rules, consult the following authoritative sources:

• The Florida Bar
• Florida Courts
• Florida Legislature