How to prove marriage if the marriage certificate has been misplaced?
Full Question:
My husband and I live in Florida. We are married for three years. We have misplaced our marriage certificate. How do we prove our marriage?
01/04/2017 |
Category: Marriage |
State: Florida |
#29404
Answer:
In Florida, when the marriage license has been lost or the marriage certificate cannot be obtained due to death or any other cause, the marriage may be proved by affidavit made by two competent witnesses who were present at the time of the marriage ceremony before any officer authorized to administer oaths. The affidavit may be filed and recorded in the office of the county court judge or clerk of the circuit court from which the marriage license was issued, with the same force and effect in which proper certificate has been made, issued and recorded as provided in Fla. Stat. §741.10. It reads:
“When any marriage is or has been solemnized by any of the persons named in s. 741.07, and such person has not made a certificate thereof on the marriage license as required by s.741.08, or when the marriage license has been lost, or when by reason of death or other cause the proper certificate cannot be obtained, the marriage may be proved by affidavit before any officer authorized to administer oaths made by two competent witnesses who were present and saw the marriage ceremony performed, which affidavit may be filed and recorded in the office of the county court judge or clerk of the circuit court from which the marriage license issued, with the same force and effect as in cases in which the proper certificate has been made, returned and recorded.”
Per Fla. Stat. §741.08:
“Before any of the persons named in s. 741.07 shall solemnize any marriage, he or she shall require of the parties a marriage license issued according to the requirements of s. 741.01, and within 10 days after solemnizing the marriage he or she shall make a certificate thereof on the license, and shall transmit the same to the office of the county court judge or clerk of the circuit court from which it issued.”
