Florida Statute 741.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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741.10 Proof of marriage where no certificate available.—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.

History.—s. 1, ch. 3126, 1879; RS 2059; GS 2578; RGS 3937; CGL 5856; s. 28, ch. 73-334; s. 1, ch. 74-372.

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Amendments to 741.10

Annotations, Discussions, Cases:

Cases Citing Statute 741.10

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Hall v. MAAL, 32 So. 3d 682 (Fla. 1st DCA 2010).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 4142, 2010 WL 1212794

...See § 741.09, Fla. Stat. (2002). There are also provisions for proving up a marriage when the certificate is not completed on the marriage license, when the certified license is lost or when death or other cause prevents a certificate from being made. See § 741.10, Fla....

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Dressler v. Dressler, 967 So. 2d 1009 (Fla. 4th DCA 2007).

Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 17216, 2007 WL 3146364

...he effect that the parties were in fact married on that date and that *1010 the minister mailed the completed license to the Clerk of Court. She argued that, the original instrument being lost, she was entitled to follow the procedure established by section 741.10, Florida Statutes....

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