Florida’s Stance on Common Law Marriage: An Overview

Introduction

Common law marriage is a topic often surrounded by misconceptions, especially in states like Florida. Couples might wonder if their long-term cohabitation and mutual agreement to be seen as married can grant them legal marital status. This article delves into Florida's stance on common law marriage, providing clear insights into its legal status and implications.

What is Common Law Marriage?

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

Historical Context of Common Law Marriage in Florida

Early Recognition

In the past, many states, including Florida, recognized common marriages law. This allowed couples to be considered legally married based on their mutual agreement and cohabitation, without needing a formal ceremony.

Abolition in 1968

In 1968, Florida enacted legislation that abolished the recognition of new common marriages law. As a result, any common law marriage formed after January 1, 1968, is not legally recognized in Florida.

Current Legal Status of Common Law Marriage in Florida

Does Florida Have Common Law Marriage?

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

Is Common Law Marriage Legal in Florida?

Common law marriage is not legal in Florida for relationships established after January 1, 1968. Couples living together without formalizing their union through a legal ceremony are not considered married under Florida law.

Is There 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. To be legally married in Florida, couples must follow the formal process of obtaining a marriage license and having a ceremony.

Recognition of 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

Florida's stance on common law marriage is clear: the state does not recognize new common law marriages formed after January 1, 1968. However, it does acknowledge common law marriages legally established in other states. Couples should ensure they have proper documentation and seek legal advice to protect their rights when moving to Florida. For more detailed information and legal assistance, visit Dewitt Law.