Legal Question in Family Law in Florida

Can I legally be "married" without getting a Marriage license/certificate? My fiance is trying to convince me we should not file for one with the state, because he does not want the government to have power over our marriage or children. But wouldn't that mean the government wouldn't consider us "married" if anything down the road were to happen? Meaning, if I die my Social Security would not go to him...or I couldn't legally change my name to his last name?


Asked on 2/04/16, 8:24 am

3 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

The short answer is no, your marriage is not legal without a valid license. Without you being legally married, you would be legally single, so for tax purposes, social security income purposes, probate purposes (probate is the process by which your money and possessions are distributed after your death), you'd not be eligible for any benefit in which being married has the advantage to being single. You could legally change your last name to his, but the process is more cumbersome and expensive than through marriage.

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Answered on 2/04/16, 8:58 am
Lucreita Becude Lucreita D. Becude, P.A.

Sounds to me your fiance is trying to get all the benefits of a wife without the legal recourse for her to have a legal marriage. The fact that he does not want the government to have any power over the marriage and any children you two may have just says he does not want to have to pay child support if you two divorced and does not want to pay any alimony or contribute any ss or 401ks that YOU have contributed to the marriage. Find someone else - he needs to grow up first.

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Answered on 2/04/16, 12:32 pm
John Smitten Carey and Leisure

There is no common law marriage in FL, you have to get a license then solemnize the marriage ceremony.

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Answered on 2/04/16, 3:21 pm


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