Understanding Common Law Marriage
Definition and History of Common Law Marriage
Common law marriage refers to a legal concept where a couple is considered legally married despite not having gone through a formal ceremony or obtained a marriage license. Historically, this type of marriage developed out of necessity in rural areas where official documentation and clergy were not always accessible. Over time, common law marriage became a recognized and accepted practice in many parts of the world.
Common Law Marriage vs. Statutory Marriage
A statutory marriage is the more conventional form of marriage, where a couple obtains a license and participates in a ceremony. In contrast, common law marriage relies on the couple’s behavior, cohabitation, and their intention to be recognized as married without fulfilling statutory marriage requirements.
Common Law Marriage in the United States
States That Recognize Common Law Marriage
Currently, only a few states in the United States recognize common law marriages, including Colorado, Iowa, and Kansas. However, each state has its own rules and regulations regarding the validation of these unions.
How Common Law Marriage Is Treated in Different States
In states where common law marriages are recognized, couples need to meet specific criteria such as living together for a certain period and presenting themselves publicly as married.
Is There Common Law Marriage in Florida?
Does Florida Have Common Law Marriage?
In short, Florida does not have common law marriage. The state abolished the recognition of new common law marriages in 1968. Therefore, modern-day couples in Florida cannot form a common law marriage.
Florida Common Law Marriage Before 1968
Before the law change, couples in Florida could form common law marriages. Any common law marriages formed before January 1, 1968, are still recognized today under Florida law. However, no new common law marriages can be created after that date.
Legal Exceptions for Common Law Marriages in Florida
Although Florida no longer allows new common law marriages, it does recognize common law marriages from other states where they are still legal, provided they meet that state’s requirements.
Does Florida Recognize Common Law Marriages from Other States?
Interstate Recognition of Common Law Marriages
Under the Full Faith and Credit Clause of the U.S. Constitution, Florida must recognize common law marriages legally created in other states. So, if a couple was validly married under another state’s common law, their union will be recognized as valid in Florida.
Does Florida Recognize Common Law Marriage from Other Jurisdictions?
If a couple forms a common law marriage in a jurisdiction that allows it, they will still be seen as legally married when moving to or residing in Florida.
Why Doesn’t Florida Allow Common Law Marriage?
Historical Reasons for the Ban
The elimination of common law marriage in Florida came as a result of efforts to regulate marriage more strictly. The state believed formalizing all marriages would reduce confusion and legal complications.
Modern Policy Reasons
Today, Florida’s policy against common law marriages is aimed at avoiding potential legal disputes. Requiring marriage licenses provides a clear framework, ensuring that relationships are documented and legally recognized.
What Are the Alternatives to Common Law Marriage in Florida?
Domestic Partnerships
Although domestic partnerships offer certain legal protections similar to marriage, they are not equivalent to marriage in Florida. Some counties within the state offer domestic partnership registries, which provide couples with limited legal rights.
Civil Unions
Civil unions also provide some protections but do not carry the same legal weight as marriage in Florida. Unlike marriage, civil unions do not always grant rights on a federal level.
Does Common Law Affect Other Legal Areas in Florida?
Common Law in Florida for Contracts and Property Rights
While common law marriage is not recognized, other areas of Florida law, such as contract law and property rights, may still apply principles of common law in determining ownership disputes or other legal matters.
Common Law in Family Law Matters
In family law, common law doctrines sometimes influence court decisions, particularly when determining custody, alimony, and child support issues.
What Are the Legal Requirements for Marriage in Florida?
Statutory Marriage Requirements
To get legally married in Florida, couples must apply for a marriage license through the local clerk of courts. There is no common law marriage option, so statutory requirements must be followed.
Marriage Licenses and Ceremonies
Once a license is obtained, the couple has to solemnize the marriage through a ceremony officiated by an authorized person, such as a judge or religious leader.
FAQs About Common Law Marriage in Florida
1. Is there a common law marriage in Florida?
No, Florida does not recognize common law marriages formed after 1968.
2. Does the state of Florida recognize common law marriage?
Florida recognizes common law marriages from other states but does not allow new common law marriages within the state.
3. Is common law marriage legal in Florida?
No, common law marriage is no longer legal in Florida.
4. Does Florida have common law marriage?
Florida does not have common law marriage, having abolished it in 1968.
5. Does Florida recognize common law marriage from other states?
Yes, Florida recognizes common law marriages that were legally formed in other states.
6. How does Dewitt Law handle common law marriage issues in Florida?
Dewitt Law offers legal guidance on how common law marriage is treated in Florida, particularly for couples moving to the state from places where common law marriages are recognized. Visit Dewittlaw.com for more information