Marriage License While Incarcerated
Policy and Procedure for Obtaining a Marriage while Incarcerated at Hardee Correctional Institute (HCI):
Effective July 1, 2017, pursuant to HB 1-A, Chapter Law 2017-233, reduces the Marriage License Application Fee from $93.50 to $86.00.
Effective June 3, 2010, Florida Statute 741.01
was amended by Senate Bill 694 to allow both parties to the marriage to state under oath in writing if they are the parents of a child born in Florida and to identify the children they have in common. Applicants that have a child or children in common should provide birth certificate(s) for the child(ren) when applying for a marriage license.
The un-incarcerated applicant must appear in person to apply for the marriage license and submit the following information:
- Documentation verifying State of Florida approval to apply for a marriage license provided by the Chaplain from Hardee Correctional Institute.
- Proper Identification - one (1) of the following:
- Driver's License
- State ID Card.
- Birth Certificate (Must be in English, if in another language certificate must have a notarized affidavit of translator.
- Social Security Number of both applicants:
- If a citizen, both applicants are required to provide Social Security numbers.
- If either applicant is not a U.S. Citizen, a Social Security number or Alien Registration number is required.
- Attend a Premarital Preparation Course, review the Family Law Handbook or wait the three (3) day waiting period:
- If both applicants are Florida residents and choose to have the three (3) day waiting period waived, they must attend and complete a Premarital Preparation Course that must be completed within one (1) year prior to the date of application. The premarital course provider must be registered with our office before the applicants present the completed certificates at the time the license is issued. To verify the provider is registered with our office, please call 863-773-4174 X7282. Both applicants must obtain and review or otherwise access the information contained in the Family Law Handbook and sign a statement attesting to the fact. The three (3) day waiting period will be waived. The cost of the license will be $61.00.
- Florida residents who have NOT completed the Premarital Preparation Course and do NOT provide a completed certificate will have a (3) day waiting period from the date the license is issued. Both applicants must obtain and review the Family Law Handbook or otherwise access the information on the website and sign a statement attesting to the fact. The cost of the license will be $86.00.
- If both applicants are non-residents, the Premarital Preparation Course and the (3) day waiting period is waived. But both applicants must review the Family Law Handbook or otherwise access the information on the website and sign a statement attesting to the fact. The cost of the license will be $86.00
- If one (1) applicant is a Florida resident and one (1) applicant is a non-resident, the Florida resident must meet the course and handbook requirements or the license will be delayed three (3) days from the date the license is issued. The license will be $86.00
- Florida residents asserting a hardship may have the delayed effective date waived by the County Judge for good cause. The license will be $86.00.
- If the last marriage ended by divorce, a copy of the Dissolution of Marriage/Final Judgment is required or if by death, the month, day, and year of the spouse's death.
- If either applicant is 16 or 17 years of age, they must provide parental consent from both parents.
If either parent has sole custody, you must provide a certified copy of the order awarding sole custody. A death certificate is required for a deceased parent.
- No person under 16 years of age may obtain a marriage license unless a medical statement as proof of pregnancy signed by the Doctor is presented to the County Judge and the County Judge approves such marriage.
- The license is valid for sixty (60) days after the date of issuance and may be used anywhere in the State of Florida. If the license expires before the ceremony is preformed, a new license and fee will be required.
- After applying for the marriage license, the marriage license and other required documents requiring the incarcerated applicant's signature will be mailed to the Hardee Correctional Institute Chaplain for execution.
- The incarcerated applicant will need to execute the marriage license application and other required documents in the presence of a Notary Public
- The marriage license application, along with the other required documents will be returned to the Hardee County Clerk of Courts' Office by the Hardee Correctional Institute Chaplain.
- Once the marriage license application has been returned to the Hardee County Clerk of Court's Office, the processing of the marriage license application will be completed. The marriage license application can be mailed to the un-incarcerated applicant or be picked up in the Hardee County Clerk of Courts' Office by the un-incarcerated applicant.
- There are no exceptions to or deviations from the incarcerated marriage license procedure allowed, i.e., if the required documentation is not provided or the Clerk of Courts' procedure is not followed, a marriage license will not be issued.
Links to the Family Law Book: