Introduction
Common law marriage is a topic that often leads to misconceptions and misunderstandings, particularly in states like Florida. Many couples wonder if living together for a certain period or presenting themselves as married is enough to be legally recognized as such. This article explores the truth about common law marriage in Florida, providing clear and accurate information on its legal standing and implications.
What is Common Law Marriage?
Common law marriage is a form of informal marriage where a couple is considered legally married without having undergone a formal marriage ceremony or obtained a marriage license. This type of marriage usually requires the couple to live together, agree to be married, and present themselves as a married couple to the public.
Historical Context of Common Law Marriage in Florida
Early Recognition
Historically, many states, including Florida, recognized common law marriages. This allowed couples to be considered legally married based on their mutual agreement and cohabitation, without the need for a formal ceremony.
Abolition in 1968
In 1968, Florida passed legislation that abolished the recognition of new common law marriages. This means that 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 that were 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 go through 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 who live 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
- Document Your Marriage: Maintain documentation proving your common law marriage, such as joint accounts, property deeds, and affidavits from friends and family.
- Seek Legal Advice: Consult with a family law attorney to understand your rights and responsibilities under Florida law.
- Formalize Your Relationship: Consider having a formal marriage ceremony in Florida to ensure legal recognition without question.
Conclusion
The truth about common law marriage in Florida is that while you cannot establish a new common law marriage in the state, Florida does recognize common law marriages 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.
