With the exception of persons who are parents of a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
A minor child or minor children reside with the petitioner whose names and ages are as follows:. Petitioner needs the exclusive use and possession of the dwelling that the parties share. Petitioner is unable to obtain safe alternative housing because:. Petitioner genuinely fears that respondent imminently will abuse, remove, or hide the minor child or children from petitioner because:.
Immediately restraining the respondent from committing any acts of domestic violence. Restraining the respondent from committing any acts of domestic violence.
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Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner. Providing a temporary parenting plan, including a temporary time-sharing schedule, with regard to the minor child or children of the parties which might involve prohibiting or limiting time-sharing or requiring that it be supervised by a third party.
Marriage Licenses & Ceremonies
Establishing temporary support for the minor child or children or the petitioner. Providing any terms the court deems necessary for the protection of a victim of domestic violence, or any minor children of the victim, including any injunctions or directives to law enforcement agencies.
In making its determination under this paragraph, the court is not limited to those factors enumerated in subparagraphs 1. If the respondent has been served previously with the temporary injunction and has failed to appear at the initial hearing on the temporary injunction, any subsequent petition for injunction seeking an extension of time may be served on the respondent by the clerk of the court by certified mail in lieu of personal service by a law enforcement officer.
The county court judge or clerk of the circuit court shall issue such license, upon application for the license, if there appears to be no impediment to the marriage. An application for a marriage license must allow both parties to the marriage to state under oath in writing if they are the parents of a child born in this state and to identify any such child they have in common by name, date of birth, place of birth, and, if available, birth certificate number.
The name of any child recorded by both parties must be transmitted to the Department of Health along with the original marriage license and endorsements. This fee shall be collected upon receipt of the application for the issuance of a marriage license and remitted by the clerk to the Department of Revenue for deposit in the Domestic Violence Trust Fund. The Executive Office of the Governor shall establish a Domestic Violence Trust Fund for the purpose of collecting and disbursing funds generated from the increase in the marriage license fee.
From the proceeds of the surcharge deposited into the Domestic Violence Trust Fund as required under s. The clerk shall accept installment payments upon receipt of an affidavit that the applicant is unable to pay the fees in a lump-sum payment.
What is Separate Property in Florida?
Upon receipt of the third or final installment payment, the marriage license application shall be deemed filed, and the clerk shall issue the marriage license to the applicant and distribute the fees as provided in s. Each individual shall verify completion of the course by filing with the application a valid certificate of completion from the course provider, which certificate shall specify whether the course was completed by personal instruction, videotape instruction, instruction via other electronic medium, or a combination of those methods.
All individuals who complete a premarital preparation course pursuant to this section must be issued a certificate of completion at the conclusion of the course by their course provider. A psychologist licensed under chapter A clinical social worker licensed under chapter A marriage and family therapist licensed under chapter A mental health counselor licensed under chapter An official representative of a religious institution which is recognized under s. Any other provider designated by a judicial circuit, including, but not limited to, school counselors who are certified to offer such courses.
Each judicial circuit may establish a roster of area course providers, including those who offer the course on a sliding fee scale or for free. The affidavit shall also include the addresses where the provider may be contacted. The material in the handbook or other suitable electronic media shall be reviewed for accuracy by the Family Court Steering Committee of the Florida Supreme Court prior to publication and distribution. The clerks may also make the information in the handbook available on videotape or other electronic media and are encouraged to provide a list of course providers and sites at which marriage and relationship skill-building classes are available.
The information contained in the handbook or other electronic media presentation shall be reviewed and updated annually. The state has a compelling interest in promoting not only marriage, but also responsible parenting, which may include the payment of child support. Any person who has been issued a social security number shall provide that number in satisfying the requirement in subsection 2.
Social security numbers or other identification numbers obtained under this section may be used only for the purposes of administration in Title IV-D child support enforcement cases. If a couple submits valid certificates of completion of a premarital preparation course, the effective date of the marriage license may not be delayed.
Marital Homes Purchased Before the Marriage in Florida
The clerk shall grant exceptions to the delayed effective date requirement to non-Florida residents and to couples asserting hardship. Marriage license fee waivers are available to all eligible couples. A county court judge issuing a marriage license may waive the delayed effective date requirement for Florida residents who demonstrate good cause.
The county court judge or clerk of the circuit court shall recite on each marriage license the final date that the license is valid. Nothing in this section shall make invalid a marriage which was solemnized by any member of the clergy, or as otherwise provided by law prior to July 1, A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
The imposition of probation under this section does not preclude the court from imposing any sentence of imprisonment authorized by s. Any law enforcement officer who investigates an alleged incident of domestic violence shall advise the victim of such violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available on a standard form developed and distributed by the department.
As necessary, the department shall revise the Legal Rights and Remedies Notice to Victims to include a general summary of s.
FL Marriage License Laws Requirements » Marriage License FL
You also have the right to go to court and file a petition requesting an injunction for protection from domestic violence which may include, but need not be limited to, provisions which restrain the abuser from further acts of abuse; direct the abuser to leave your household; prevent the abuser from entering your residence, school, business, or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so.
Whether or not an arrest is made, the officer shall make a written police report that is complete and clearly indicates the alleged offense was an incident of domestic violence. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties. Arrest is the preferred response only with respect to the primary aggressor and not the preferred response with respect to a person who acts in a reasonable manner to protect or defend oneself or another family or household member from domestic violence.
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These prosecutors, specializing in domestic violence cases, and their support staff shall receive training in domestic violence issues. For that reason, criminal prosecution shall be the favored method of enforcing compliance with injunctions for protection against domestic violence as both length and severity of sentence for those found to have committed the crime of domestic violence can be greater, thus providing greater protection to victims and better accountability of perpetrators. This provision shall not preclude such enforcement by the court through the use of indirect criminal contempt.
The state attorney in each circuit shall adopt a pro-prosecution policy for acts of domestic violence, as defined in s. The filing, nonfiling, or diversion of criminal charges, and the prosecution of violations of injunctions for protection against domestic violence by the state attorney, shall be determined by these specialized prosecutors over the objection of the victim, if necessary. This information shall be presented at first appearance, when setting bond, and when passing sentence, for consideration by the court. When a defendant is arrested for an act of domestic violence, the defendant shall be held in custody until brought before the court for admittance to bail in accordance with chapter It is preferred that such program meet the requirements specified in s.
However, the pendency of any such cause of action shall be alleged in the petition.
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No person shall be precluded from seeking injunctive relief pursuant to this chapter solely on the basis that such person is not a spouse. This does not preclude the court from issuing separate injunctions for protection against domestic violence where each party has complied with the provisions of this section. Compliance with the provisions of this section cannot be waived. There is no minimum requirement of residency to petition for an injunction for protection.
The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator. The clerk of the court shall assist petitioners in seeking both injunctions for protection against domestic violence and enforcement for a violation thereof as specified in this section.
The clerk of the court shall advise petitioners of the opportunity to apply for a certificate of indigence in lieu of prepayment for the cost of the filing fee, as provided in paragraph a. The clerk of the court shall provide petitioners with a minimum of two certified copies of the order of injunction, one of which is serviceable and will inform the petitioner of the process for service and enforcement.
Clerks of court and appropriate staff in each county shall receive training in the effective assistance of petitioners as provided or approved by the Florida Association of Court Clerks. The clerk of the court in each county shall make available informational brochures on domestic violence when such brochures are provided by local certified domestic violence centers.
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The clerk of the court in each county shall distribute a statewide uniform informational brochure to petitioners at the time of filing for an injunction for protection against domestic or repeat violence when such brochures become available. The brochure must include information about the effect of giving the court false information about domestic violence.
The respondent shall be personally served with a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, prior to the hearing. On the same basis as provided in s.
The temporary parenting plan remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child. A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial.
When the only ground for denial is no appearance of an immediate and present danger of domestic violence, the court shall set a full hearing on the petition for injunction with notice at the earliest possible time. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant a continuance of the hearing before or during a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. Any injunction shall be extended if necessary to remain in full force and effect during any period of continuance.
Awarding to the petitioner the exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner. On the same basis as provided in chapter 61, providing the petitioner with percent of the time-sharing in a temporary parenting plan that remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child.
On the same basis as provided in chapter 61, establishing temporary support for a minor child or children or the petitioner. An order of temporary support remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting child support.
Ordering the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent. Referring a petitioner to a certified domestic violence center. The court must provide the petitioner with a list of certified domestic violence centers in the circuit which the petitioner may contact. Ordering such other relief as the court deems necessary for the protection of a victim of domestic violence, including injunctions or directives to law enforcement agencies, as provided in this section.
The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner. Whether the respondent has intentionally injured or killed a family pet. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
Whether the respondent has a criminal history involving violence or the threat of violence. The existence of a verifiable order of protection issued previously or from another jurisdiction. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.