Florida Wedding License and Officiant Info

Please note that the information below is a general summary from various official and non-official sources. It is based on my non-professional understanding and is not offered as legal advice. I am not a lawyer and I don't pretend to be a legal expert in any way, shape or form. If you have questions or concerns about the legal aspects of marrying in Florida, I strongly urge you to consult a Florida legal expert and/or the County Clerk's office for advice. When possible I've provided links to sources.

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What are the legal requirements for marrying in Florida?

You must have a valid Florida marriage license. A marriage license in Florida is issued by a county court judge or a clerk of the circuit court.

You can apply for the license at any Florida county office that is convenient. It doesn't have to be issued in the same county in which you will be married. The two counties in which Walt Disney World is located are Orange County and Osceola County.

• Orange County has four offices that issue marriage licenses. In Orange County, the fee is $93.50 ($61 if you attended a premarital preparation course). You may pay for your license with cash, money order, cashiers check, Visa, or MasterCard. Checks are not accepted.

• Osceola County has one office in Kissimmee that issues marriage licenses. In Osceola County, the fee is $97.50 ($65 if you attended a premarital preparation course). You may pay for your license with cash, money order, credit or debit card. An additional convenience fee is added to credit and debit card payments. Checks are not accepted.

Applicants must be 18 years or older to marry without parental consent. Both of you must appear in person at the issuing office. You must bring a valid ID (US drivers license, passport, military ID or Florida Identification Card) AND a Social Security number. (If you are a US resident and do not have a Social Security number, you must present an immigration, naturalization or alien registration card. If you are a citizen of the UK, see below for requirements.)

If either applicant was previously married, you will have to supply the exact date the marriage ended.

There is no blood test required. No witnesses are required. If you are NOT a Florida resident, there is no waiting period. If you ARE a Florida resident, there is a 3-day waiting period unless you attend a premarital preparation course. If one is a Florida resident and the other is not, the 3-day waiting period still appplies.

All couples are required by law to read a Family Law Handbook and sign a statement acknowledging that they have read the handbook before applying for the license. This can be done the same day as applying for the license.

It really doesn't take that long to get the license issued. There's seldom a wait of more than 15 minutes and the whole process will typically take about an hour. You'll need a car, limo or taxi to get you to the courthouse, of course.

Once issued, the license must be solemnized within 60 days. The executed license must be returned within 10 days to the county in which it was issued for recording. This is the officiant's responsibility.

Click here for the Orange County Clerk of Courts' list of frequently asked questions about Florida marriage licenses.

Getting a License in Advance (by mail or by proxy)

There are some companies that offer a "Florida marriage license by mail" service that will save you the effort of going to the courthouse yourself. These services are often costly (usually $100-$200 plus the regular license fee). They will physically go to the courthouse on your behalf, get the paperwork and send it to you. You fill it out and get it notarized (for which you'll pay extra), then mail back the application and the service then takes your paperwork back to the courthouse, gets the license issued and mails it to you.

There really isn't any reason to pay those big fees, though. While the counties around Walt Disney World will not let you get a license by mail, Brevard County will. A Florida wedding license can be issued in any county. The license fee in Brevard County is $93.50. Click here to get the forms. According to MouseWeddings.com reader Christine P, "Brevard County will allow you to get a license by mail only if you are out of state or one of the applicants is military. If you are in-state, they will deny your application."

Another option: if you have a friend in Florida who is willing, they can go to a courthouse, get the forms and send them to you. You complete the forms and send them back to your friend. The friend takes the completed forms back to the courthouse, gets the license and sends it to you. Thanks to Nathan B for info.

UK Citizens

You will need to bring along the following documents:

• Passport

• Birth certificate

• If you were previously married and have been divorced, you must produce your Decree Absolute, which must clearly state the date and place that the decree is registered.

• If you were previously married and have been widowed, you must produce the death certificate of your late spouse.

• If you have changed your name by deed poll, you must show legal proof that has been stamped and signed by a solicitor. This also applies if a married woman has reverted to her maiden name.

• If you are adopted, the adoption certificate is required.
  

Also, you should consider getting an apostille on the marriage certificate, to insure that it will be accepted without question in the UK.

Who can perform weddings in Florida?

Click here to read the full text of the pertinent Florida law. Here's a summary:

• An ordained minister or other ordained clergy ("All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy")

• A Florida judge, retired judge or Clerk of the Circuit Court ("all judicial officers, including retired judicial officers, clerks of the circuit courts... of this state")

• A Florida notary public ("notaries public of this state")

• Any member of the Quaker faith, in a traditional Quaker ceremony ("all of 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")

I would like to have a friend or relative officiate at my Florida wedding. Is that possible?

If the person is an ordained member of the clergy, the answer is yes. (With the possible exception of "mail order ministers" -- see below.)

If the person is a Florida judge, retired Florida judge, or Florida Clerk of the Circuit Court, the answer is yes.

If the person is a Florida notary public, the answer is yes.

What about "mail order ministers"?

In theory, a friend or family member could become a "mail order minister" through the Universal Life Church (ULC), which offers instant, free ordination online. Most "mail order ministers" are ordained by the ULC and it is the most widely recognized organization offering quick and easy ordination.

However, the validity of ULC ordinations and the legal right of ULC-ordained persons to solemnize marriages has not been tested in many states, including Florida.

In states that have case law regarding the status of ULC ordination, the results are inconsistent. Utah has ruled that a ULC Internet-based minister ordination is valid, and Mississippi has ruled that a ULC-ordained person is authorized to solemnize marriage. However, based on past court decisions, ULC-ordained persons are NOT authorized to solemnize marriage in Virginia, North Carolina and New York. Click here to see links to the various legal decisions.

It doesn't matter what state or country you're FROM -- the law of the state in which the wedding is HELD is the important issue. If you decide to use a ULC-ordained person to solemnize your marriage in Florida, you're taking your chances on whether the marriage will be considered valid if it is ever challenged. Personally, I wouldn't do it.

Can we write our own vows?

Yes. Florida only requires that the couple's vows must reflect their intentions to make a legally binding commitment to each other.

Beyond that, there is no rule about what the vows must include. That's up to you and your officiant.

What about vow renewals and gay commitment ceremonies?

If you want to have a vow renewal or commitment ceremony, you have a ton of options because the ceremony is not legally binding, so there are no legal requirements. You can use anyone you like as your officiant.

If you go through Disney's Fairy Tale Weddings at Walt Disney World for your ceremony and you do not hire one of their recommended officiants, your officiant will be considered a wedding guest and you'll have to pay for that person to attend.