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 of age, unless: The person is at least 17 years of age and provides the written consent of his or her parents or legal guardian, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths; and the older party to the marriage is not more than 2 years older than the younger party to the marriage.

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)

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.

Written Application Required
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

  1. 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.
  2. 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)

License Must Be Certified And Filed Within 10 Days
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.

Time Limit
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.

Solemnization
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) below, 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

MARRIAGE LICENSE FAQ'S (850) 606-4060

Can an individual who is younger than 16 get a marriage license?

No. A marriage license may not be issued to any person younger than 18 years of age, unless:

  1. The person is at least 17 years of age and provides the written consent of his or her parents or legal guardian, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths; and
  2. The older party to the marriage is not more than 2 years older than the younger party to the marriage.

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

Yes. Effective January 6, 2015 per Court Order, applicants of the same gender can apply for a license to marry.

Click here for the Marriage Application Form

Can the Clerk's office perform the marriage for us?

Yes, deputy clerks can perform a civil marriage ceremony. There is a $30.00 fee for performing this service.

Do both parties have to be present at the Clerk's Office to apply for the marriage license?

Yes (Exceptions can be made only when there is good cause in extreme circumstances.)

Do I need my divorce papers or death certificate of my spouse in order to apply for a marriage license?

No. You do not need the documents, unless your marriage ended in the last 60 days, however, the application does require you to note how your last marriage ended (divorce, annulment or death) and the exact date (month, day and year).

Do we have to make an advance appointment for a license and a civil marriage ceremony?

Marriage licenses are issued without appointments during normal business hours. Appointments must be made if you wish for the Clerk's Office to perform the ceremony. Appointments may be made during normal business hours at either of the two following locations: Northeast Branch (NEB), 1276 Metropolitan Boulevard, #101, or at the county courthouse, 301 S. Monroe Street, #100. Click here for our current hours of operation.

Does one or both of the marriage license applicants have to be an American citizen?

Neither applicant must be a citizen. There is no citizenship requirement to obtain a marriage license.

How do we renew our marriage vows?

Please consult your clergyman, chaplain, other religious adviser or personal counselor.

How long does it take to get a marriage license?

Florida law requires a three-day waiting period between application and the effective date of a marriage license. The waiting period can be waived if applicants show proof of having recently attended at least four hours of marriage counseling with a provider registered with the Clerk's Office or both parties being out of state residents.

How long does it usually take to get a certified copy of our marriage record?

Certified copies are normally received within 10 days after the completed marriage certificate is returned to the clerk's office for recording in the official records.

How long is the marriage license valid?

Florida marriage licenses are valid for 60 days from the effective date of the license. The marriage license form must be returned to the Clerk's Office for recording within 10 days after the marriage is performed.

How much does it cost for a certified copy of the marriage certificate and how does one request/obtain certified copies?

One certified copy is provided as part of the marriage license fee, there is no additional cost. Additional certified copies may be obtained for a fee of $3.00 each. Prior to 1972, Certified Copies are $7.00. You can request certified copies by calling (850) 606-4060 or by coming into one of our offices located at 1276 Metropolitan Blvd., Ste. 101, Tallahassee, FL 32312 or 301 South Monroe Street, Ste. #100, Tallahassee, FL 32301. You may also send a written request along with payment to Leon County Clerk & Comptroller, Attn: Official Records, 301 South Monroe Street, Ste. 100, Tallahassee FL 32301.

How must I pay for the marriage license fee?

Cash, checks and credit cards are accepted for payment.

Is a blood test required for the applicants to apply for the marriage license?

No. A blood test for marriages in the state of Florida is no longer required.

My husband and I want to renew our vows. Do we need to get a marriage license for this?

No.

What are the basic restrictions for obtaining a marriage license?

A marriage license may not be issued to any person younger than 18 years of age, unless:

  1. The person is at least 17 years of age and provides the written consent of his or her parents or legal guardian, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths; and
  2. The older party to the marriage is not more than 2 years older than the younger party to the marriage.

What is needed to get a marriage license?

All that is required for single adults to obtain a marriage license is for them to come in person to the Clerk's office, bring their driver's license or other acceptable Identification (Government issued I.D.) and be prepared to pay the fee for the License.

Also required is for both applicants to provide a Social Security number. Applicants who are not citizens may provide an immigration registration card, passport or other Government issued I.D.

Applicants are required to read the family law handbook and once completed sign an affidavit to that effect. F.S. 741.04(B).