THE MARRIAGE PROCESS
In Leon County, the Clerk's Office is the issuing agent of Marriage License for the State of Florida. The requirements for single adults to obtain a marriage license is for the couple to come in person to the Clerk's office, bring with them their drivers license or other acceptable picture identification- must be a Government issued I.D. (passport, military I.D.) along with their social security number. If either applicant has been previously married, the exact date of divorce, death or annulment must be presented. If either occurred within the last thirty days documentation must be provided at the time of application. Applicants must be (18) years old to obtain a marriage license. Underage applicants must have parental consent from both parents unless one parent has been given sole custody by court order. The order would have to be provided at the time of application. Applicants under sixteen must have court approval.
ISSUANCE OF MARRIAGE LICENSE
A county judge or clerk of the circuit court shall issue every marriage license. The county judge or clerk of the circuit court shall issue such license, upon application for the license, if there appears to be no impediments to the marriage. (F.S. 741.01)
WRITTEN APPLICATION REQUIRED
The Leon County Clerk’s Office began issuing same-gender marriage licenses on January 6, 2015. Clerk Gwen Marshall announced this decision because of the clarification issued on January 1, 2015, by Federal Judge Hinkle in the case pertaining to same-gender marriages in Washington County, Florida.
No county judge or clerk of the circuit court in this state shall issue a license for the marriage or any person unless there shall be first presented and filed with him an affidavit in writing, signed by both parties to the marriage, made and subscribed before some person authorized by law to administer an oath, reciting the true and correct ages of such parties; unless both such parties shall be over the age of 18, except as provided in F.S. . 741.0405 (F.S. 741.04)
ISSUANCE IN BLANK PROHIBITED
It is unlawful for any county court judge or clerk of the circuit court in the state to send out of his office any marriage license signed in blank to be issued upon application to persons not in the office of the county judge or clerk of the circuit court. (F.S. 741.03)
PERFORMANCE OF MARRIAGES
LICENSE MUST BE CERTIFIED AND FILED WITHIN 10 DAYS
- All regularly ordained ministers of the gospel or elders in communion with some church or other ordained clergy, and all judicial officers, clerk of the circuit court, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law.
- Any marriage which may be had and solemnized among the people called "Quakers or "Friends", in the manner and form used or practiced in their societies, according to their rites and ceremonies, shall be good and valid in law; and whenever the words "minister" and "elder" are used in this chapter, they shall be held to include all the persons connected with the Society of Friends, or Quakers, who perform or have charge of the marriage ceremony according to their rites and ceremonies. (F.S. 741.07)
Before any authorized person shall solemnize any marriage, he shall require of the parties a marriage license issued according to requirements of Florida Statute 741.01, making sure the ceremony is performed between the "effective date" and the "expiration date". Within 10 days after solemnizing the marriage he shall make a certificate thereof on the license, and shall transmit the same to the office of the clerk of the circuit court from which it was issued.
The license must be used within sixty (60) days from the "effective date". Below is the effective date criterion:
- If both parties are Florida residents, they must both attend a premarital class and present completion certification of the class to the clerk at the time of application. Completion of the class waives the waiting period otherwise there is a three day waiting period from the date of issue before the marriage ceremony may take place.
- If only one of the applicants is a Florida resident and the Florida resident takes the course, there is no waiting period.
- If both parties are out of state residents, there is no waiting period.
A regularly ordained clergy, judiciary, State of Florida Notaries, the Clerk of the Circuit Court and Deputy Clerks may perform a marriage ceremony.
MARRIAGE LICENSE FEE
The fee for a marriage license is $86.00. The exception is if both parties are Florida residents and have provided proof of a premarital class with a provider certified by the Clerk. The fee is then $61.00. Fees may be paid in cash, check or credit card.
If you have a question or would like more information, please consult our list of Frequently Asked Questions (FAQ), or contact our office. Leon County Clerk of the Circuit Court & Comptroller’s Official Records Official Records Division,
1276 Metropolitan Blvd., Suite 101, Tallahassee FL 32312 or at 301 S. Monroe Street, #100, Tallahassee, FL 32301 (850)606-4060. Click here for current hours of operation.
Click here for the Marriage Application Form