Common Law in Florida: Is There Common Law Marriage?
What Is Common Law Marriage?
Common law marriage is a concept that allows couples to be legally recognized as married without a formal ceremony or marriage license. It originated in the early days of English law, where people living together as husband and wife for a long period were considered married in the eyes of the law.
For a common law marriage to be valid, certain criteria must be met, such as living together for a certain number of years, presenting themselves as a married couple to society, and mutual consent to the marriage. However, each state in the U.S. has its own regulations on whether it recognizes this form of marriage.
History of Common Law Marriage in Florida
Historically, Florida was one of the states that recognized common law marriage. During the 19th and early 20th centuries, many couples in rural areas were considered legally married through common law. However, significant changes have taken place in Florida’s legal framework concerning marriages.
Early Legal Recognition of Common Law in Florida
Florida once allowed common law marriages, recognizing the rights of couples living together without a formal marriage certificate. This recognition was crucial in rural areas where obtaining a marriage license might have been difficult.
Changes in Florida’s Legal System Regarding Marriage
In 1968, Florida abolished common law marriage. Since then, couples can only be legally married if they obtain a marriage license and follow the necessary procedures outlined in Florida’s family laws.
Does Florida Have Common Law Marriage?
No, Florida does not have common law marriage today. Since 1968, the state has ceased to recognize new common law marriages. To be legally married in Florida, couples must go through the formal marriage process, including obtaining a marriage license and having an official ceremony.
However, this doesn’t mean common law marriages don’t exist in Florida at all.
The Current Legal Status of Common Law Marriage in Florida
While Florida does not allow the formation of common law marriages, it does recognize valid common law marriages from other states. For instance, if you were in a common law marriage in Texas or Colorado, Florida would acknowledge that marriage as legally valid once you move there.
Abolishment of Common Law Marriages in Florida
The abolishment of common law marriage in Florida took place in 1968. This means that any common law marriages established before that year are still valid, but no new ones can be formed.
Florida’s Stance on Common Law Marriage vs. Other States
While Florida does not allow common law marriages, several other states still do. This discrepancy can sometimes lead to confusion, especially for couples who move to Florida from one of these states.
States That Still Recognize Common Law Marriage
Currently, states like Texas, Colorado, Iowa, and a few others still recognize common law marriages. If a couple was married under common law in one of these states, Florida will honor the legal status of that marriage.
How Florida’s Laws Differ from These States
The key difference between Florida and states that allow common law marriage is that, in Florida, there is a legal requirement to obtain a marriage license and have a ceremony officiated by a recognized individual, such as a judge or minister. Without these formalities, a relationship cannot be legally considered a marriage in Florida.
Is Common Law Marriage Legal in Florida?
As mentioned earlier, common law marriages are no longer legal in Florida. Couples must follow the official legal processes to be recognized as married.
Legal Procedures for Marriage in Florida
Florida’s legal system requires couples to obtain a marriage license from the county clerk’s office. After receiving the license, the couple must have a wedding ceremony performed by an authorized officiant within 60 days.
Marriage License Requirements in Florida
To get married in Florida, couples must apply for a marriage license, provide identification, and possibly take a premarital course, which could reduce the waiting period for the license. Florida residents may also face a three-day waiting period before the marriage can take place.
Florida’s Statutes on Domestic Partnerships
Florida doesn’t recognize common law marriages, but it offers some legal options for couples who wish to live together without formalizing their relationship through marriage.
Alternatives to Marriage in Florida
Florida allows domestic partnerships in some counties, granting certain rights to couples who live together but are not married. These rights can include hospital visitation, health benefits, and limited decision-making abilities in medical emergencies.
Legal Rights for Domestic Partners in Florida
While domestic partnerships offer some benefits, they do not provide the same legal protections as marriage. Issues such as property division, child custody, and spousal support are not automatically applied to domestic partners in Florida.
Can You Be Considered Married in Florida Without a Ceremony?
In Florida, a formal ceremony is required to be legally married. Living together, even for a long period, does not make a couple married in the eyes of Florida law.
Informal Relationships and Legal Implications
While an informal relationship might seem like a marriage, it lacks the legal protections offered by a formal marriage. Couples may face legal issues concerning inheritance, medical decisions, and property rights if their relationship is not officially recognized by the state.
Common Misconceptions about Common Law Marriage
A common misconception is that living together for a specific period automatically leads to a common law marriage. In Florida, this is not the case. Couples need to meet the legal requirements for marriage to gain legal recognition.
