Introduction

Common law marriage is a concept that often leads to confusion, especially in states with specific legal requirements like Florida. If you’re wondering whether you can establish a common law marriage in Florida, this article will provide clarity on the topic. We’ll explore the historical context, current legal standing, and implications for couples considering common law marriage in Florida.

What is Common Law Marriage?

Common law marriage is a type of informal marriage where a couple is considered legally married without a formal ceremony or marriage license. This form of marriage typically requires the couple to live together, agree to be married, and present themselves as a married couple to society.

Historical Context of Common Law Marriage in Florida

Early Recognition

Florida, like many states, initially recognized common law marriages. This allowed couples to be considered legally married based on their actions and mutual agreement rather than a formal ceremony.

Legislative Changes

In 1968, Florida abolished the recognition of new common law marriages. The state no longer recognizes common law marriages formed after January 1, 1968.

Current Legal Status of Common Law Marriage in Florida

Does Florida Have Common Law Marriage?

No, Florida does not recognize common law marriages formed after January 1, 1968. Couples who wish to be legally recognized as married in Florida must obtain a marriage license and go through a formal ceremony.

Is Common Law Marriage Legal in Florida?

Common law marriage is not legal in Florida if the relationship was established after January 1, 1968. Couples living together without a formal marriage are not considered legally married in Florida.

Is There a Common Law Marriage in Florida?

No, there is no provision for establishing a common law marriage in Florida for relationships formed after January 1, 1968. Couples must follow the formal process of obtaining a marriage license and having a ceremony to be legally married.

Recognizing Out-of-State Common Law Marriages

Full Faith and Credit Clause

The Full Faith and Credit Clause of the U.S. Constitution requires states to recognize the public acts, records, and judicial proceedings of other states. Therefore, Florida recognizes common law marriages that were legally established in states where such unions are permitted.

Legal Implications

Couples with a valid common law marriage from another state are recognized as married when they move to Florida. They retain their marital status and related rights, including property division, spousal support, and inheritance.

Legal Rights and Responsibilities of Common Law Spouses

Property and Asset Division

Common law spouses who move to Florida with a marriage recognized from another state have the same rights to property and asset division as formally married couples.

Inheritance and Survivor Benefits

Common law spouses are entitled to inheritance and survivor benefits under Florida law, provided their marriage was legally established in a state that recognizes common law marriage.

Child Custody and Support

Common law spouses have the same rights and responsibilities regarding child custody and support as couples who were formally married.

Proving a Common Law Marriage

Evidence Requirements

To prove a common law marriage, couples may need to provide evidence such as joint bank accounts, property deeds, tax returns, and affidavits from friends and family. This documentation helps establish that the couple lived together and represented themselves as married.

Common Misconceptions About Common Law Marriage in Florida

Misconception: Living Together Creates a Common Law Marriage

Simply living together does not create a common law marriage in Florida. Couples must meet specific criteria in states that recognize common law marriages.

Misconception: Common Law Marriages Are Automatically Recognized

Florida only recognizes common law marriages that were validly established in other states. Couples must provide evidence to prove the validity of their marriage.

Steps for Couples Moving to Florida with a Common Law Marriage

1. Document Your Marriage: Maintain documentation proving your common law marriage, such as joint accounts, property deeds, and affidavits from friends and family.
2. Seek Legal Advice: Consult with a family law attorney to understand your rights and responsibilities under Florida law.
3. Formalize Your Relationship: Consider having a formal marriage ceremony in Florida to ensure legal recognition without question.

Conclusion

While you cannot establish a new common law marriage in Florida, the state does recognize common law marriages that were legally formed in other states. Understanding the legal aspects and ensuring you have proper documentation is essential for couples considering their marital status in Florida. For more detailed information and legal assistance, visit Dewitt Law.