Introduction
Common law marriage is a concept that has long existed in various parts of the United States, allowing couples to be recognized as legally married without a formal ceremony or a marriage license. However, the legal recognition of common law marriage varies significantly from state to state. This article delves into the specifics of common-law marriage in Florida, exploring the state’s legal stance, its historical context, and the implications for couples who believe they may be in a common-law marriage.
What is Common Law Marriage?
Common law marriage is a type of marriage that is recognized legally despite the absence of a formal marriage license or ceremony. In states that recognize common law marriage, a couple can be considered legally married if they live together for a certain period and present themselves as a married couple. This concept is often misunderstood, as many people believe that simply living together for a long time constitutes a common law marriage. However, the requirements vary by jurisdiction, and not all states recognize this type of marriage.
Historical Context of Common Law Marriage in Florida
Florida once recognized common law marriages, but the legal landscape has changed over the years. Up until 1968, couples in Florida could establish a common law marriage if they met specific requirements, such as cohabitation and presenting themselves as a married couple to the public. However, in 1968, Florida abolished the recognition of common law marriages for any new unions. This means that, today, a couple cannot establish a new common law marriage in Florida.
For couples who established a common law marriage in Florida before 1968, their marriage is still recognized by the state. Additionally, Florida recognizes common law marriages from other states that allow such unions. If a couple established a common law marriage in a state where it is legal and then moved to Florida, their marriage would be recognized under Florida law.
Current Legal Stance on Common Law Marriage in Florida
As of now, Florida does not recognize new common law marriages. The Florida Statutes Section 741.211 clearly states that any common law marriage entered into after January 1, 1968, is not valid. This means that no matter how long a couple has lived together or how they have presented themselves to society, they cannot be considered legally married under common law in Florida.
However, as mentioned earlier, Florida does recognize common law marriages that were established in states where such marriages are legal. For example, if a couple established a common law marriage in Texas (a state that recognizes common law marriage) and later moved to Florida, their marriage would still be recognized. This recognition is crucial for issues such as inheritance, spousal support, and legal rights in the event of a separation.
Implications for Couples in Florida
The lack of recognition for common law marriages in Florida has significant implications for couples who live together but are not formally married. Without a legal marriage, these couples do not have the same legal rights as married couples. For example, if one partner passes away without a will, the surviving partner may not have any inheritance rights. Additionally, in the event of a separation, the couple would not be entitled to the same legal protections that a married couple would receive, such as spousal support or division of property.
Couples who wish to protect their rights and ensure legal recognition of their relationship should consider getting formally married. This can be done through a simple civil ceremony or a more elaborate wedding, but either way, it provides legal protection and recognition that is not available through common law marriage in Florida.
Does Florida Recognize Common Law Marriages from Other States?
Yes, Florida does recognize common law marriages that were legally established in other states. This is important for couples who move to Florida after establishing a common law marriage in a state that recognizes such unions. For instance, if a couple established a common law marriage in Colorado, which recognizes common law marriages, and then relocated to Florida, their marriage would still be recognized under Florida law.
This recognition extends to all legal rights and responsibilities associated with marriage, including property rights, spousal support, and inheritance. It is essential for couples in this situation to have documentation or evidence of their common law marriage, as this may be necessary for legal proceedings or other official matters.
Common Misconceptions About Common Law Marriage in Florida
There are several common misconceptions about common law marriage in Florida. One of the most prevalent is the belief that living together for a certain number of years automatically constitutes a common law marriage. In reality, cohabitation alone does not create a common law marriage in Florida, especially since the state does not recognize new common law marriages.
Another misconception is that common law marriage is a simple and informal process. While it may be less formal than a traditional marriage ceremony, establishing a common law marriage in states where it is recognized still requires certain criteria to be met, such as cohabitation, mutual consent to be married, and presenting themselves as a married couple to the public.
Legal Advice for Couples in Florida
Couples who are living together in Florida and are not formally married should be aware of the legal implications of their relationship. Without the legal recognition of marriage, they may face challenges in areas such as property rights, inheritance, and medical decision-making. It is advisable for couples in this situation to consult with a family law attorney to understand their legal options and to take steps to protect their rights.
For couples who have established a common law marriage in another state, it is also important to seek legal advice to ensure that their marriage is recognized in Florida and that they understand their rights and responsibilities.
Conclusion
Florida’s legal stance on common law marriage is clear: the state does not recognize new common law marriages established after January 1, 1968. However, Florida does recognize common law marriages from other states where such unions are legal. For couples living in Florida, it is essential to understand the legal implications of their relationship and to take steps to protect their rights. Whether through formal marriage or legal consultation, couples can ensure that their relationship is recognized and protected under Florida law
