Legal Question in Family Law in Florida

marriage license

My wife and I were married by a friend 37 years ago but we never bought a marriage license. She just changed her name to mine on everything (SS# drivers license, bank accounts etc.) We live in NY and would like to get legally married in FL. in November. The only Doc. with her maiden name is her birth cert., which Fl will not accept for ID. What name should we put on the marriage license? What are the legal ramifications? Can you help us?


Asked on 10/31/08, 5:01 pm

2 Answers from Attorneys
Jonathan Cohen

Re: marriage license

Impossible to determine from these facts whether u r already legally married; how was she able to change her name on ss if she wa not?

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Answered on 10/31/08, 6:48 pm
Brent Rose The Orsini & Rose Law Firm

Re: marriage license

You've got problems. You're going to have to get a government-issued picture ID that matches her birth certificate. That's all Florida will take. Maybe you could try getting New York to re-issue her driver's license to match her birth certificate, then change it back again after you get married. Maybe you could get her a passport that matches her birth certificate. As a last resort, maybe you could do a legal name change, but what a pain that would be!

Is it really important that the marriage take place in Florida? You could always do a quick, civil ceremony in New York, then have the "wedding" ceremony in Florida. A lot of people do that when they are having a "wedding" in Europe.

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Answered on 10/31/08, 6:51 pm


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