Tying the Knot in the Sunshine State: A Guide to Same-Sex Marriage in Florida

Love is in the air, and in Florida, it's officially and legally celebrated for everyone. If you and your partner are dreaming of a life together, perhaps with a dazzling Florida wedding on the horizon, you're probably wondering, "How do we make it official?" The good news is the process is straightforward and welcoming, with the same steps and requirements for all couples, regardless of gender identity or sexual orientation. Let's explore the path to marital bliss in the beautiful state of Florida.

The Legal Landscape: A Journey to Marriage Equality

Florida has a history of legal changes, paving the way for today's inclusive environment. Before same-sex marriage was the law of the land, Florida was a little less friendly. The state even passed a law banning same-sex marriage and refusing to recognize those performed elsewhere. However, a landmark legal journey changed everything.

The pivotal moment arrived in 2015. First, Judge Hinkle of Florida's U.S. District Court ruled that clerks in all Florida counties were required to issue marriage licenses to same-sex couples. This ruling was then bolstered by the U.S. Supreme Court's landmark decision in Obergefell v. Hodges, which declared that the Constitution grants same-sex couples the fundamental right to marry. This ruling ensured that all states, including Florida, must recognize same-sex marriages performed elsewhere. As such, Florida's marriage equality laws are settled and secure.

Today, same-sex couples in Florida enjoy the exact same rights, responsibilities, and legal protections as heterosexual couples. From tax benefits to inheritance rights, healthcare to adoption, the playing field is level.

Making It Official: The Florida Marriage License Checklist

Ready to embark on your marriage journey? Here's what you need to know to get your Florida marriage license:

Application: Both partners must apply in person. No proxies!
Identification: Bring valid photo identification issued by the Federal or State government. A driver's license or passport will do nicely.
Fee: As of the writing of this article, the fee is around $86. However, that could change. Contact your local County Clerk of Courts office to confirm the current fee.
Affidavit: Both applicants must read and sign an affidavit stating that they have read the Family Law Handbook created by the Florida Bar's Family Law Section. Don't worry, you can read it beforehand!
Premarital Course (Optional, but Recommended): Completing a Florida-licensed premarital course can have benefits. It often reduces the license fee and waives the mandatory three-day waiting period.
Previous Marriages: If either of you has been married before, you might need to provide documentation of the prior marriage's termination (divorce decree or death certificate). Check with your local County Clerk.

Once you have your license, you must have your ceremony within 60 days. The ceremony can be performed by an ordained minister or clergy member, a judicial officer, a clerk of the court, or a notary public.

Beyond the License: Important Considerations for Same-Sex Couples

While the legal process is identical for all couples, it's wise to consider a few unique points for same-sex couples planning a future together.

Prenuptial and Postnuptial Agreements

With the legal landscape now secure, exploring prenuptial and postnuptial agreements is a smart move. These documents help couples discuss long-term plans and can proactively address financial matters, property division, and other important issues before or after marriage. These are also especially valuable in order to avoid any potential divorce disputes later down the line.

Financial Planning and Property Rights

Marriage brings significant financial implications. During your marriage, assets accumulated by either spouse are generally considered marital property. Likewise, most debts incurred during the marriage are considered the responsibility of both. These factors should be discussed openly and honestly as you plan your future together.

Family Planning

The options for starting a family are the same as any other couple. Florida law allows same-sex couples to adopt children, and stepparent adoption is also a possibility. Talk to your local family law attorney for more information.

Name Changes

Changing your last name after marriage is an exciting step for many couples. In Florida, and most other states, marrying streamlines the process for changing your name legally. You bypass the more complex and costly procedures required for name changes outside of marriage, divorce, or adoption.

Navigating the Nuances: Legal Advice and Support

While this guide provides a general overview, every couple's situation is unique. Consulting with an experienced Orlando same-sex marriage attorney is always recommended. A qualified attorney can provide tailored legal advice and guide you through the intricacies of Florida family law, addressing any specific questions or concerns you may have.

Whether you're just starting your journey or already in the planning stages, remember that Florida welcomes all couples with open arms and equal rights. So, go ahead and take that exciting leap toward your happily ever after!

Frequently Asked Questions

Here are a few common questions we often hear from couples preparing to get married:

Are the requirements for same-sex and opposite-sex couples the same?

Yes, the requirements for obtaining a marriage license and getting married in Florida are identical for all couples, regardless of their sexual orientation or gender identity.

Can we get married in Florida if we live in another state?

Absolutely! As long as you meet the requirements for a Florida marriage license, you can get married here. Your marriage will be recognized in all states due to the Obergefell v. Hodges ruling.

What happens if Obergefell v. Hodges is overturned?

While it's impossible to predict the future, the ruling in Obergefell v. Hodges is well-established precedent. If the decision were overturned, your Florida marriage would still be recognized in Florida. However, the recognition of your marriage in other states could vary. Stay informed about any potential changes in the legal landscape.

Do we need a lawyer?

While it's not legally required, consulting with an attorney experienced in Florida family law is highly recommended. They can provide personalized advice, help you understand your rights, and assist with prenuptial agreements or other legal matters.

Congratulations on your upcoming marriage! We wish you a lifetime of love and happiness in the Sunshine State.