Florida does not recognize common-law marriages. This means that simply living together for a significant period of time, holding yourselves out as husband and wife, and sharing finances does not create a legally binding marriage in the state of Florida. To be legally married in Florida, you must obtain a marriage license and have a legally recognized marriage ceremony.
While many states still allow common-law marriage, Florida abolished the practice. This means that couples who believe they are in a common-law marriage in Florida will not be afforded the legal rights and protections of a legally married couple. This has significant implications for things like property division, inheritance, and spousal support in the event of separation or death.
What constitutes a legal marriage in Florida?
A legal marriage in Florida requires several key elements:
- Marriage License: A couple must obtain a marriage license from the Clerk of the Circuit Court in the county where the ceremony will take place. This license is evidence that the state recognizes the intent to marry.
- Solemnization: The marriage must be performed by an authorized officiant, such as a judge, clergy member, or other designated official. The ceremony must adhere to the requirements outlined by Florida law.
- Legal Capacity: Both individuals must have the legal capacity to marry. This means they must be of legal age (18, or 16 with parental consent), not already married to someone else, and of sound mind.
What are the consequences of not having a legally recognized marriage in Florida?
The lack of legal recognition as a married couple in Florida can have far-reaching implications, including:
- Property Rights: In the event of separation or death, property division will not be governed by marital laws. Instead, the laws of inheritance and ownership will apply, potentially leaving one partner with significantly less than they might have received in a legally recognized marriage.
- Spousal Support (Alimony): Spousal support is generally awarded in divorce proceedings based on the length of the marriage and other factors. Couples in unregistered common-law relationships will not be eligible for spousal support.
- Healthcare Decisions: A legally married spouse generally has more legal rights to make healthcare decisions for their partner. This right is not afforded to unmarried partners, regardless of the length of their relationship.
- Inheritance: The right to inherit property from a deceased partner is often determined by marital status. Without legal marriage, inheritance rights are often more complex and may not exist.
- Tax Benefits: Married couples in Florida, and throughout the United States, are entitled to numerous tax benefits that unmarried couples do not receive. These can significantly impact tax liability.
How can I legally marry in Florida?
The process is straightforward:
- Obtain a marriage license from the Clerk of the Circuit Court in your county.
- Schedule and perform the wedding ceremony with an authorized officiant.
- File the marriage certificate with the Clerk of the Circuit Court.
What if I believe I'm in a common-law marriage in another state that recognizes it?
Even if a common-law marriage was legally established in another state that recognizes such unions, it is not automatically recognized in Florida. Legal issues arising from such a relationship in Florida would be treated as if the couple were never married.
Is there any way to prove a common-law marriage in Florida?
No. Florida courts will not recognize common-law marriages, regardless of the length of the relationship or the evidence presented. The only legally valid marriage in Florida is one established through the issuance of a marriage license and a formal ceremony performed by a legal officiant.
This information is for educational purposes only and not legal advice. If you have specific questions regarding your legal situation, please consult with a qualified attorney in Florida.
