Is marriage legal if licence notorized but never recorded in fl

Fla. Stat. 741.08 requires that the official who conducted the ceremony shall "make a certificate thereof on the license, and shall transmit the same to the ... clerk of the circuit court from which it issued." So, whoever did your marriage ceremony should have filed it. Fla. Stat. 741.10 provides that, if "the proper certificate cannot be obtained, the marriage may be proved by affidavit ... [of] two competent witnesses who were present and saw the marriage ceremony performed." This affidavit would then be filed in place of the marriage license.

I agree with my colleague. If you had the marriage ceremony and a valid license, you are legally married. If you or the person performing the ceremony did not file the license after it was notarized and signed by two witnesses, then it needs to be filed or, as my colleague stated, you can file notarized statements to prove up the marriage. Additionally, the other side can do this as well. I would strongly recommend that a divorce would be necessary and would further recommend that the license should be provided to the clerk for recording.