Legal Question in Family Law in Florida
Is a marriage that was conducted online between a party in Tallahassee and a party in Miami legal?
3 Answers from Attorneys
No. You can't get married by e-mail. You need a notary
Actually, I think this is a good question, and I don't know the answer. Florida hasn't caught up to the technology yet, I think. This question has been asked a couple of times on lawguru.com before, and I've researched it, but I can't find an answer in Florida law. Some states allow weddings "by proxy," where someone stands in for the bride or groom, but Florida doesn't. Florida does require 1) a marriage license and 2) a wedding ceremony. But Florida law doesn't specify that both both parties be present at the ceremony, only that the notary performing the ceremony be a witness to the ceremony. This goes back to the days in Europe when marriages where denied because no one had witnessed the wedding. But I don't see any reason why the notary (pastor, priest, rabbi, etc.) couldn't be in the presence of one person and witness the live video feed of the other while performing the wedding. I wish I had a better answer for you. My tentative answer is that Florida law wouldn't forbid a video-feed wedding, but right now, Florida law doesn't seem to have an answer.