VICTOR D. CRIST

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CLERK OF COURT & COMPTROLLER

HILLSBOROUGH COUNTY, FLORIDA

Marriage License FAQ

General FAQ

What is needed to apply for and receive a new marriage license?

Reference: Florida Statute 741.04 Issuance of Marriage License

Both people (parties) must appear in person together and must provide proof of the following:

Age - both parties must be at least 18 years of age.
A valid driver's license, state identification card, or passport (the actual document will need to be presented).
U.S. citizens must provide their social security number (it is not necessary to bring in a social security card).
Non-citizens may provide a social security number or an alien registration number issued by the Immigration and Naturalization Service (it is not necessary to bring in the social security card or INS card).
Both people must jointly complete a marriage license application form. You will be asked to provide the start and end dates of any previous marriages and how the marriages ended, if applicable.
Florida law requires that both people read the Marriage Handbook [see Related Documents] before applying for a marriage license.
Nonrefundable marriage license fee of $86.00. The fee is $61.00 for Florida residents who have completed a premarital preparation course with a qualified registered course provider. (If you are a pre-marital course provider and you are not on this list, you can download information on how to register.)

Online applications require credit card payment. The following methods of payment are acceptable for in-person applications: cash, money order, traveler's check, credit card, or personal check. If paying with a personal check, your name and current address must be imprinted on the check and a photo identification is required.

If you decide to come to the Clerk's Office without an appointment, you can view our list of locations to find what works best for you. If you would like, you can schedule an appointment at our Brandon, Plant City and Downtown Tampa locations. You can also complete the marriage license application prior to your scheduled appointment.

Do both people have to be present to apply for a new marriage license?

Yes. Both people must be present to sign the marriage license application form and take an oath to the truthfulness of the information provided.

Is a blood test required?

No. Blood tests are not required in Florida when applying for a marriage license.

Is there a waiting period for the issuance of a new marriage license?

Reference: Florida Statute 741.04(5)

There is a three-day waiting period if one or both of the individuals who are marrying is a Florida resident*, unless they present a certificate of completion of a premarital preparation course from a qualified registered course provider or a signed statement attesting they have taken a premarital preparation course from a qualified registered course provider and reading the Marriage Handbook [see Related Documents].

Note: If BOTH people are non-Florida residents, there is no waiting period, but you are still required to read the Marriage Handbook [see Related Documents]. If one person is a non-Florida resident but the other person IS a Florida resident, the waiting period will apply. *A Florida resident is a person whose official address of record is within the State of Florida.

How is the 3 day waiting period for a marriage license counted?

If you get your marriage license on Monday, you can get married on Thursday.
If you get your marriage license on Tuesday, you can get married on Friday.
If you get your marriage license on Wednesday, you can get married on Saturday.
If you get your marriage license on Thursday, you can get married on Sunday.
If you get your marriage license on Friday, you can get married on Monday.

How long is the new marriage license valid?

Reference: Florida Statute 741.041

Florida marriage licenses are valid for 60 calendar days from the issuance date. The marriage ceremony must be performed between the effective date and the expiration date on the license within the State of Florida. Regardless of the reasons, if your marriage license is lost of expires before you have an opportunity to use it, you must pay the fees for a new marriage license.

Must I apply for a marriage license in the county where I live?

No, it is not necessary to apply for a new marriage license in the county where you live. A Florida marriage license may be applied for and solemnized* in any Florida county. [*Solemnized, when spoken of in a marriage, means to perform a marriage ceremony before a witness.]

Can we use our marriage license to get married in a different state?

A marriage license issued in Florida is only valid to get married within Florida.

A marriage license issued by another state is not valid to get married in Florida.

A Florida-issued marriage license can be used anywhere in Florida but must be returned to the County Clerk that issued it to be recorded after the wedding is performed.

May a marriage be performed without a license?

Reference: Florida Statute 741.08

No marriage ceremony may be performed without a valid Florida marriage license. Florida Statute 741.08 states that "the party solemnizing* the marriage shall require a properly issued license before performing the ceremony, and within 10 days after the ceremony, he or she shall make a certificate thereof on the license and shall transmit the same to the office of the County Judge or Clerk of the Circuit Court from which it issued." [*Solemnizing, when spoken of in a marriage, means to perform a marriage ceremony before a witness.] Simply put, this means that the official performing the marriage must certify that the marriage ceremony was lawfully performed by them and send the marriage record to the County Clerk to be recorded.

Can I get a marriage license before my divorce is final?

No marriage license can be issued when any party to the new marriage is still married.

How do I become a Premarital Course Provider?

Reference: Florida Statute 741.0305

Only qualified premarital course providers can be registered as such with the Hillsborough County Clerk of Court, and these registered premarital course providers are the only ones whose training is accepted by the Clerk for marriage license applications in Hillsborough County. You can download the list to see if you are currently on the Clerk's list of qualified registered premarital course providers. If you want to be registered with the Clerk, you can download the instructions and form. There is no cost for qualified course providers to register.

Can I schedule an appointment to apply for a marriage license?

We now offer the option to schedule an appointment for application for a marriage license and to schedule an appointment to get married at any of our locations. You can also check our list of locations that process marriage license applications.

Marriage Vow Renewal

The State of Florida does not require a license to renew marriage vows because no new marriage has taken place.

Common Law Marriages

Reference: Florida Statute 741.211

The State of Florida does not recognize common law marriages entered into after January 1, 1968.

Who can I Marry?

Can a person marry someone to whom they are related?

Reference: Florida Statute 741.21

Florida law prohibits a person from marrying anyone to whom they are related by lineal consanguinity.

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

Reference: Florida Statute 741.04

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)?

Reference: Florida Statute 741.04

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).
- *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.
A notarized affidavit from the minor and from the future spouse.

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 on the Clerk's process and required documentation please contact the Official Records Department at (813) 276-8100. Otherwise, please consult with an attorney.

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.

Performing Marriage Ceremonies

Who can legally perform a marriage ceremony in Florida?

Reference: Florida Statute 741.07

The following persons can perform a marriage ceremony in the State of Florida:

All regularly ordained ministers of the gospel, elders in communion with a church, or other ordained clergy.
A minister who has been recognized in the manner required by the regulations of the respective denomination to perform marriage ceremonies.
All Florida judicial officers, including retired judicial officers.
Public notaries of the State of Florida. Florida notaries can download information on their duties when performing marriages here.
"Quakers" or "Friends," may perform marriages in the manner and form used or practiced in their societies.
Captains of a ship, if the captain is a notary and the ship is in Florida waters, which is within three geographic miles from the coastline at the time of the ceremony.
Clerks of the Circuit Court: Deputy Clerks are authorized and available during normal working hours, Monday through Friday, to perform ceremonies at Clerk locations in Plant City, Brandon, and Downtown Tampa. Appointments are not required. The fee for this service is $30.00.

Return the completed record of marriage to: Marriage Department, Hillsborough County Clerk of Court, PO Box 3249, Tampa FL 33601-3249

Can I schedule an appointment for the Clerk to marry me?

Yes, you can schedule an appointment. However, appointments are not required, walk-ins are always welcome. Marriage ceremonies are performed at the Downtown Tampa, Brandon, and Plant City Official Records locations.

What are the requirements for being ordained, so that a person can officiate a marriage?

The Clerk's office does not handle the ordainment process and does not determine the legality of an officiant. The officiant does not register with the Clerk's office prior to performing a marriage. To determine if you can legally perform a marriage in Florida, refer to Florida State Statute 741.07 or consult with an attorney.

After the Ceremony

How do I record my marriage?

Reference: Florida Statutes 741.08 and 741.09

Once you are married, the official who performed your marriage ceremony must, within 10 calendar days, complete the Certificate of Marriage section of the marriage license and return the completed marriage license record to the Clerk's office in the county that issued the license. Most Clerk's offices provide written instructions and a self-addressed envelope for this task. If you were married by a clerk at the Hillsborough County Clerk of Court, our office will record the marriage if we issued the license or we will send it to the County Clerk that issued it. Once the marriage is recorded with the County Clerk, a certified copy of the marriage record will be mailed to the couple within 7 business days. For Hillsborough County records, there is no charge for the first certified copy; however, additional certified copies are $3 each.

How do I change my name once I am married?

For information, please consult with an attorney or contact:

Can I purchase a commemorative marriage certificate?

Commemorative marriage certificates are available for $15 at any Clerk's Office location and can be requested in person or by phone. The certificate is suitable for framing and preserving as a family heirloom. The certificates can be purchased for any marriages recorded in Hillsborough County Florida. Postage will be charged for mailed licenses.

NOTE: A commemorative certificate is not acceptable for official purposes.