Asked in Divorce and Family Law for Florida

Q: Is my marriage legal if I never turned in license?

I have a question about whether my marriage is legal if I did not submit my marriage license? Me and my then partner got married in 2019 but we did not submit the license. And we are no longer together. I would like to know if that marriage is legalized and whether or not it could affect me if I ever got married again in the future?

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3 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Normally a marriage license will have a date by which it must be returned to the clerk for filing. If that date has passed and the fully executed license was never recorded then you may not be legally married. Speak to a local family lawyer for more specific advice.

1 user found this answer helpful

Michael Ferrin
Michael Ferrin
Answered
  • Orlando, FL
  • Licensed in Florida

A: You need to look at Florida Statute 741 as well as case law on the subject, but generally, if a license was obtained, and the marriage was solemnized, the fact the the license was not filed with the clerk may not negate the marriage. In certain circumstances the court may look to deem the marriage valid based on public policy concerns.

Jane Kim agrees with this answer

Ira Markowitz
Ira Markowitz
Answered
  • Coral Springs, FL
  • Licensed in Florida

A: Check with your local county clerk where your ceremony took place and where the license was issued.Check if the license document was signed by the parties and notary and turned in.

There are many seniors that have a religious ceremony and receive a beautiful religious certificate, e.g., in the Jewish religion it's called a Ketubah that shows they were married but the paperwork was never sent to the appropriate government offices intentionally so that legally they were not,so as not to create marital property rights.

1 user found this answer helpful

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