Legal Considerations Before Saying “I Do” to Same-Sex Marriage in Florida
Congratulations, you’ve finally said ‘YES’ to your soulmate, and just cannot wait to make it official.
But hang on…
There is something even more important to discuss before you decide nuptial date or between a beach sunset or a chic urban loft for your venue—legal concerns for same-sex couples tying the knot in Florida. We agree it’s not as fun as cake tasting, but it’s definitely more important than arguing over DJ playlists or guest lists.
Understanding the Legalese
Great news, for same-sex lovebirds!
The United States has now recognized same-sex marriage as legal across, following a landmark Supreme Court ruling in 2015. So, all those same-sex couples can now officially get married in Florida. But here are a few legal tidbits you should be mindful of.
Marriage License: Get it Right
The first step to officially getting married in Florida is obtaining a marriage license. To obtain one, you and your partner must visit your nearest county clerk’s office and bring along some ID (driver’s license, state ID, or passport will do).
The good part is you can even say ‘I do’ to your long-distance boo. Since, there’s no residency requirement, which is great if you or your beloved are from out of state,
However, Florida practices a mandatory 3-day waiting period for Florida residents. Consider it the state’s way of asking, “Are you sure? Really sure? About this marriage!
Premarital Agreements: Not Just for Celebrities
Talking about a premarital agreement or prenups in Florida isn’t exactly romantic, but it’s as essential as deciding who gets to hold the remote.
This agreement can outline what will happen with your finances during marriage and, heaven forbid if it ends. Think of it as a blueprint for your financial future.
It’s especially crucial for those who have significant assets, children from previous relationships, or a beloved pet poodle who inherited a fortune from Grandma.
Estate Planning: Love Me, Love My Wills
Think wills are for the old and rich class? Think again!
Every married couple, regardless of age, sex, or assets, should have a will to ensure that their relationship is based on fair and strong financial grounds even after death.
In Florida, if you die without a will, your assets might end up with someone you didn’t intend, like that cousin who never returned your favorite book.
Health Decisions: Who Can Call the Shots?
Do you want your spouse to make medical decisions for you if you’re unable to do so? In the excitement of marriage, you might forget that this isn’t automatic.
The procedure requires certain documents like a health care surrogate designation, which empowers your partner to make medical decisions on your behalf.
Never skip this legal path, especially if your random Aunt Millie is convinced that a magic potion can cure all ailments.
Parental Rights: For Those with Kids in the Mix
For same-sex couples with children, Florida’s legal landscape has evolved, but it’s still a bit like a Florida hurricane season—unpredictable and always changing.
If you’re planning to have kids or already have them, establishing legal parentage is crucial.
This might involve adoption or other legal declarations. Remember, just because you know you’re the parent, doesn’t mean the state does.
Changing Your Name: The Name Game
Changing last names after marriage in Florida is not a piece of cake, specifically, it’s not as simple as just deciding to be called “Mr. or Mrs. X.”
The method involves updating your ID, social security card, bank account, and important documents. Each of these requires different forms and legal processes!
So start early unless you want to explain why your credit card has a different name when you’re buying your first home as a married couple.
The Bottom Line
Getting married is a big deal, emotionally and legally. In Florida, it comes with its own set of rules and paperwork. But don’t let the legal stuff dampen your spirits.
After all, once you’re through with the legalese, you get to live the dream—sunny days, beach outings, and much more, all beside the love of your life.
Just remember, a little legal prep can help ensure that your walk down the aisle is as breezy as a Florida beach—at sunset, of course.
Ready to enjoy your newly married life without any legal hassle? Contact the DeWitt Law Firm today!