Q: Hi. I am 17, and my girlfriend is 16. We both have consent of both parents to get married and we live in florida.
I would like to know. What is the process for doing so. Also, can my parenst provide written consent or do they need to go to court with us. From prior research i am ledto believe that my parents can write a letter saying they consent and that is all i need from them. But i dont know how true that is or what is actually required. Please tell me what is required for me and her to get married, and how my parents fit into this. as they dont want to have to do a bunch of things. i would like to know if i can go to court with her parents and a notorized consent letter from my parents.to get the married lisence. or if my parents have to be phisically pressent. i also would like t kno if me and her have to be expecting or have a child together to get a licence. or if all we need is consent. thank you.
A:
Florida Statute 741.0405 When marriage license may be issued to persons under 18 years, answers your questions:
"(1) If either of the parties shall be under the age of 18 years but at least 16 years of age, the county court judge or clerk of the circuit court shall issue a license for the marriage of such party only if there is first presented and filed with him or her the written consent of the parents or guardian of such minor to such marriage, acknowledged before some officer authorized by law to take acknowledgments and administer oaths. However, the license shall be issued without parental consent when both parents of such minor are deceased at the time of making application or when such minor has been married previously.
..." I have only quoted the pertinent part; it goes on.
So the easiest way to do it is, when you apply for your marriage license, have with you notarized consents signed by your parents and by her parents. The clerk of court in your county may have forms for this; check at the clerk's website.
If notarized consent by any of the four parents is unavailable. Statute 741.0405 has additional details. The full text of the statute can be accessed here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0741/Sections/0741.0405.html
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
