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Question: Is marriage legal if the license was never turned in in Florida?
Answer:
The answer to this question could depend on a number of things. The failure of a party to mail in the marriage license in Florida will not relieve them of obligations pursuant to a Divorce for things like Parental Responsibility, Child Support, Equitable Distribution and Alimony. Legally, the marriage was never recorded and is not valid in the eyes of the state. That does not entirely avoid the prospect of a divorce needing to occur or some other cause of action if there are issues to be dealt with in the eyes of the law. Of course, relying on the failure of the document to have been returned to the Courthouse isn’t ideal, because it was the obligation of the officiant who performed your ceremony to return the document. So, if you are relying on this fact be sure to confirm that the person who performed your marriage ceremony did not actually mail it in.
Attorney Erin E. Morse
