Legal Marriage in Florida: Understanding the Requirements beyond Cohabitation

Living together with a partner for a significant period often leads many couples to believe that they are automatically considered legally married. However, this is a common misconception in the United States and especially in Florida. To be legally married in Florida, you must actively seek and engage in the formal process of obtaining a marriage license and having a ceremony conducted by an authorized person. There are no laws in Florida that recognize living together as a means to automatically become married.

Legality of Cohabitation in Florida

No US state has laws that automatically deem individuals legally married simply because they have been living together for a certain number of years. In Florida, marriage is a legal contract that requires active participation in the formal process. You cannot simply cohabit with your partner for a long period and expect to be legally married. Marriage is a legal and binding agreement that must be documented, and both parties must actively seek and complete the necessary paperwork and ceremonies.

Myth Debunked: No Automatic Marriage through Cohabitation

The idea that living together can turn into a legal marriage is a longstanding myth in the United States. Just living with someone permanently does not result in the legal status of marriage, regardless of the state they reside in. The United States does not have a universal rule that makes couples married simply by cohabitation. Even states that do allow common-law marriages, such as Alabama, have strict requirements that must be met.

Florida has not recognized common-law marriages since the 1960s. This means that neither you nor your girlfriend can claim to be legally married based on your cohabitation. For a common-law marriage to be valid, a couple must:

Live together as husband and wife Hold themselves out to the community as husband and wife

Even if you fulfill these criteria, the validity of a common-law marriage can be subject to scrutiny. For instance, in Alabama, common-law marriages recognized before 2017 could still be considered valid if they met the necessary criteria before the state discontinued recognition. If you decide to move to a new state that does not recognize common-law marriages, the marriage could still be valid under the Full Faith and Credit Clause of the U.S. Constitution and state law. However, there might be legal issues that require consultation with a legal professional.

Official Marriage Process in Florida

If your goal is to be legally married, the simplest and most reliable method is to follow the standard legal process. Here is what you need to do:

Apply for a Florida Marriage License: You will need to submit the appropriate documents and pay the required licensing fees.

Have a Ceremony: You need to have a ceremony conducted by someone who is authorized to perform marital ceremonies. This can be a minister, judge, or other designated official.

Document Your Marriage: Ensure that all documentation is correct and properly recorded. This includes filing the marriage certificate with the appropriate local authority.

By following these steps, you can legally marry your partner. Any other form of cohabitation or agreement does not guarantee legal marital status.

Conclusion

While cohabitation can be a meaningful and fulfilling relationship for many couples, it does not provide legal protections or the benefits of marriage. To be legally married in Florida, you must actively seek a marriage license and have a legal ceremony. Consulting with a legal professional can help you navigate the process and ensure that your marriage is recognized and legally valid.