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Introduction.
Getting remarried can be a wonderful way to start a new chapter in your life. However, it's important to be aware of the laws and regulations that come with a second marriage, especially in Florida. In this article, we'll cover the basics of what you need to know before getting married for the second time in the Sunshine State.
Overview Of Second Marriage Laws In Florida.
Marriage Requirements.
Before you can get remarried in Florida, you must meet certain requirements. These include:
Being at least 18 years old (or 16 years old with parental consent)
Being unmarried (or legally divorced)
Not being closely related to your intended spouse (i.e. no closer than first cousins)
Marriage License.
To get married in Florida, you must obtain a marriage license from the county clerk's office. Both you and your intended spouse must appear in person to apply for the license, and you must provide valid identification (such as a driver's license or passport). The license is valid for 60 days from the date of issuance.
Waiting Period.
In Florida, there is no waiting period for getting remarried after a divorce. However, if you are a Florida resident and getting married for the first time, you must wait three days after obtaining the marriage license before getting married (unless you have completed a premarital preparation course).
Annulment And Divorce.
If you are getting remarried, it's important to ensure that your previous marriage has been legally terminated. This can be done through divorce or annulment. If you were previously married in Florida, you must wait 20 days after the divorce is final before getting remarried.
Name Changes.
If you are changing your name as a result of your second marriage, you must provide proof of your legal name change (such as a marriage certificate) when updating your identification and legal documents.
Potential Complications.
Child Custody And Support.
If you have children from a previous marriage, getting remarried can potentially impact child custody and support arrangements. It's important to discuss any potential changes with your ex-spouse and an attorney to ensure that your rights and obligations are protected.
Inheritance And Estate Planning.
Getting remarried can also impact your estate planning and inheritance. You may need to update your will, beneficiary designations, and other estate planning documents to reflect your new marriage and any potential changes to your assets and liabilities.
Prenuptial Agreements.
If you are getting remarried and have significant assets or liabilities, you may want to consider a prenuptial agreement. This can help protect your interests and prevent potential disputes in the event of divorce or death.
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Conclusion.
Getting remarried in Florida can be a wonderful experience, but it's important to be aware of the legal requirements and potential complications. By understanding the laws surrounding second marriages and working with an experienced attorney, you can ensure that your rights and interests are protected.
FAQs.
Here are some FAQs about the law regarding second marriage in Florida:
Q: Is it legal to get married for the second time in Florida?
A: Yes, it is legal to get married for the second time in Florida.
Q: Do I need to get a divorce before I can remarry in Florida?
A: Yes, you need to get a divorce before you can remarry in Florida. It is illegal to marry someone else while still being married to someone else.
Q: How long do I have to wait to get married after my divorce is finalized?
A: There is no waiting period in Florida to get married after your divorce is finalized.
Q: Do I need to bring any documents to get married for the second time in Florida?
A: Yes, you will need to bring a valid photo ID, such as a driver's license, passport, or state ID card, and proof of your divorce, such as a divorce decree or death certificate if your previous spouse is deceased.
Q: Can I marry someone who is already married to someone else in Florida?
A: No, it is illegal to marry someone who is already married to someone else in Florida. This is considered bigamy and is a criminal offense.
Q: Do I need to get a prenuptial agreement before getting married for the second time in Florida?
A: No, you do not need to get a prenuptial agreement before getting married for the second time in Florida, but it is recommended if you have significant assets or debts that you want to protect.
Q: What happens to my assets and debts if I remarry in Florida?
A: Your assets and debts will be considered separate property unless you and your new spouse agree to combine them through a prenuptial or postnuptial agreement or other legal means.
Q: Can I get married at any age for the second time in Florida?
A: No, you must be at least 18 years old to get married in Florida. If you are 16 or 17 years old, you must have parental consent, and if you are younger than 16, you must have a court order allowing you to marry.
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