Common Law Marriage in Florida: What You Need to Know

Marriage is a legal relationship that binds two individuals together, bringing with it various legal rights and responsibilities. In the state of Florida, there are two types of marriages recognized by law – traditional marriage and common law marriage. While traditional marriage is commonly known and legally recognized, common law marriage is not as widely known but it does exist and has its own set of intricacies.

What is Common Law Marriage?

Common law marriage is a unique relationship between two people who have lived together for a significant period of time and have held themselves out as being married, despite not having gone through a formal wedding ceremony or obtained a marriage license. It is a form of marriage that is based on the actions and intentions of the couple, rather than a formal legal process.

How is Common Law Marriage Created in Florida?

In the state of Florida, common law marriage cannot be created at present. However, it is essential to note that prior to 1968, common law marriages established within the state were indeed recognized and considered legally binding.

This means that if a couple established a common law marriage in Florida before the year 1968, they may still be considered legally married under Florida law, entitling them to the legal rights and benefits associated with marriage.

Can Common Law Marriages Established in Other States Be Recognized in Florida?

It is important to understand that Florida does not recognize common law marriages that have been established in other states. Even if a couple resided in a state that recognized common law marriage at the time, if they move to Florida, their common law marriage will not be recognized by the state.

This means that in order to be legally recognized as married in Florida, the couple must go through the traditional marriage process, which entails obtaining a marriage license, having an officiant perform the wedding ceremony, and signing the marriage certificate.

What If a Couple Wants to Establish a Common Law Marriage?

As mentioned earlier, Florida does not allow couples to establish a common law marriage within the state. Therefore, the only way for a couple to be legally recognized as married in Florida is through the traditional marriage process.

It is important for couples to understand that by going through the traditional marriage process, they receive legal recognition and benefits that are not available to couples in a common law relationship.

What If a Couple Who Established a Common Law Marriage in Another State Moves to Florida?

If a couple moves to Florida from a state that recognizes common law marriage, and they were legally married under the laws of that state, then their common law marriage will be recognized under Florida law. This means that they will enjoy the same legal rights and protections as traditionally married couples, such as inheritance rights, survivorship, and division of property in the event of a divorce.

What Are the Legal Implications of Common Law Marriage in Florida?

Given that common law marriage cannot be created within the state of Florida, it does not have any legal implications for individuals residing in Florida. For couples who wish to establish a legal relationship, it is imperative to go through the traditional marriage process in order to obtain legal recognition and the associated rights and responsibilities.

Conclusion

Though common law marriage is not an option for couples in Florida, it is worth noting that those who established a common law marriage prior to 1968 might still be considered legally married under Florida law. However, it is crucial for individuals in a common law relationship to review the laws in their respective state to determine whether they are considered legally married and to fully comprehend their legal rights and responsibilities.