In Florida, there is no statutory limit on how many times a person may marry. The key restriction is that a person must be legally free to marry at the time of each marriage. Bigamy is illegal, so an individual cannot be simultaneously married to more than one person. After a marriage ends by divorce or death, a person may remarry as often as desired, provided all legal requirements for marriage are met.
Is There A Limit On The Number Of Marriages In Florida?
There is no cap on the number of times a person may marry in Florida. The state recognizes marriages that are validly formed according to law, and the only limitation is that an individual cannot be married to more than one person at the same time. If a prior marriage has ended by divorce or the death of a spouse, the person is eligible to remarry. The concept of “polygamy” remains illegal and may carry criminal penalties.
What Holds You Back From Remarrying?
The essential requirement to remarry is that you are legally single at the time of applying for a new marriage license. A person is not considered legally single if they are still married to someone else. Before remarriage after divorce, a valid divorce decree must be final and unappealed; after a spouse’s death, a death certificate is typically needed to demonstrate eligibility to remarry. Florida law does not permit remarriage before the prior marriage is legally terminated.
Steps To Remarry In Florida After Divorce Or Widowhood
Following a divorce or a spouse’s death, the process to marry again in Florida is straightforward, but it requires attention to detail to avoid delays or invalid marriages.
- Confirm Legal Termination: Ensure the previous marriage is legally terminated by a final judgment of dissolution or by death, and obtain official documents (divorce decree or death certificate).
- Meet Basic Eligibility: Florida requires all parties to be at least 18, or 17 with parental consent and court approval in some cases; there are no special residency requirements to marry in the state.
- Obtain A Florida Marriage License: Apply for a marriage license at a county clerk of court. Bring valid photo identification, Social Security number if applicable, and any required fees. Florida does not impose a waiting period for most applicants, but local counties may have procedural nuances.
- Complete The Application: Accurately fill out the application, including personal details and any previous marriages. Some counties may require witnesses or a notary.
- Wait The Applicable Period: If a waiting period applies in a specific county, comply with it. Most couples can marry soon after license issuance, but check local requirements.
- Conduct The Ceremony: The marriage ceremony must be performed by an authorized officiant. Florida recognizes civil ceremonies and religious rites, as long as the officiant is legally empowered to marry couples in Florida.
- File The License: After the ceremony, the officiant or the couple must file the signed license with the county clerk to record the marriage. The license becomes a public record once filed.
Key Legal Considerations For Remarriage
Several nuances can affect remarriage and future legal affairs in Florida. Understanding these aspects helps prevent complications down the line.
- Marital Status Documentation: Keep copies of final divorce decrees and death certificates. Some agencies may request certified copies; having these on hand speeds up future processes, such as inheriting or changing beneficiaries.
- Bigamy Prohibition: Florida prohibits marrying while still legally married to another person. Convictions can carry criminal penalties, including possible imprisonment and fines.
- Credit And Property Implications: Remarriage can affect community property considerations and the division of assets in the event of future divorce. Florida is an equitable distribution state, so assets may be divided fairly rather than equally, depending on numerous factors.
- Names And Documentation: If a spouse changes their name, updated legal documents (driver’s license, Social Security records, bank accounts) should reflect the new name after the ceremony.
- Prenuptial And Postnuptial Agreements: For individuals with significant assets or prior arrangements, consult a family law attorney to determine how remarriage interacts with existing or new agreements.
If You’re Considering Multiple Marriages Over Time
For those planning to remarry multiple times, practical considerations can streamline future marriages. Maintain organized records of previous marriages, ensure legal documents are current, and verify eligibility before planning a new ceremony. Florida’s straightforward marriage framework supports remarriage, but diligence with documentation reduces risk of invalid marriages or delays.
Common Questions About Marrying In Florida
These quick answers address frequent concerns people have about remarriage in Florida.
- Can I remarry if I am still married to someone else? No. Florida laws prohibit bigamy; you must be legally divorced or widowed before remarrying.
- Do I need a waiting period for a Florida marriage license? Waiting periods vary by county. Most applicants can marry soon after obtaining the license, but check local clerk rules.
- Is common-law marriage recognized in Florida? Florida does not recognize common-law marriages formed after 1968. A valid license and ceremony are required for marriage.
- Do I need to reside in Florida to marry there? No, residency is not required for a Florida marriage license, though applicants must meet state eligibility.
- What documents are needed? Valid photo ID, Social Security number if applicable, and the final divorce decree or death certificate from a prior marriage when remarrying.
By understanding these rules, individuals can pursue remarriage confidently in Florida. The state’s framework emphasizes freedom to remarry while maintaining safeguards against bigamy and ensuring proper documentation for future legal matters.