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CLERK OF COURT & COMPTROLLER

HILLSBOROUGH COUNTY, FLORIDA

Who Can I Marry?

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Can a person marry someone to whom they are related?

Florida law prohibits a person marrying anyone to whom they are related by lineal consanguinity*. The nearest degree of relations who may legally marry in the state of Florida is first cousins. [*Lineal consanguinity is "the term used to describe the blood relationship between people who descend in a straight line, such as son, father, grandfather." Black's Law Dictionary]

Does one or both of the parties to the marriage have to be U.S. citizens?

No. There is no citizenship or residency requirement to be allowed to marry in the State of Florida.

Can a new marriage license be issued to a minor (under 18 years of age)?

A new marriage license can be issued to a minor age 17 years in the State of Florida under the following circumstances:

  • Minor must be 17 years of age and the other party to the marriage is no more than 2 years older than the minor.
  • A certified copy or original birth certificate is required for the minor.
  • A notarized statement of consent from *both parents listed on the minor's birth certificate, along with a copy of both parents' government-issued photo identification (state driver's license, state identification card, passport, military identification is required).
  • A notarized affidavit from the minor and from the future spouse.
  • *If a parent of the minor is deceased, an original copy of the parent's death certificate is required.
  • *If a parent of the minor has sole custody, a certified copy of the custody order is required.

NOTE: Documents submitted in any language other than English are required to have a notarized English translation.

My spouse-to-be is incarcerated. How can we get married?

Your spouse-to-be must be located in a Florida Correctional Facility and you must obtain written permission to marry from the correctional facility, before you can apply for a new marriage license. For further instructions, please contact the Official Records Department at (813) 276-8100.

Can people obtain a license to marry partners of their own gender?

Yes, persons of the same sex can obtain a marriage license. Effective January 6, 2015, the State of Florida permits couples of the same gender to marry.