Common Law Marriage vs. Legal Marriage: Florida's Legal Perspective

Introduction

In Florida, the distinction between common law marriage and legal marriage is significant. Understanding the differences, recognition, and legal implications of each can help couples navigate their rights and responsibilities. This article explores Florida's legal perspective on common law marriage versus legal marriage, addressing common questions and concerns.

What is Common Law Marriage?

Common law marriage is a type of informal marriage where a couple is considered legally married without a formal ceremony or marriage license. Typically, this requires the couple to live together, intend to be married, and present themselves as a married couple to the public.

What is Legal Marriage?

Legal marriage, also known as formal marriage, requires a couple to obtain a marriage license and have a ceremony officiated by a person authorized to perform marriages. This process ensures the marriage is legally recognized and documented by the state.

Historical Context of Common Law Marriage in Florida

Early Recognition

Historically, Florida, like many other states, recognized common law marriages. Couples could be considered legally married based on mutual agreement and cohabitation without needing a formal ceremony.

Abolition in 1968

In 1968, Florida abolished the recognition of new common law marriages. As a result, 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 formed within the state after January 1, 1968. Couples wishing to be legally recognized as married in Florida must obtain a marriage license and undergo 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 living 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.

Differences Between Common Law Marriage and Legal Marriage

Establishment Process

• Common Law Marriage: Established informally through cohabitation, mutual agreement, and presenting as a married couple.
• Legal Marriage: Established formally through obtaining a marriage license and having an officiated ceremony.

Legal Recognition

• Common Law Marriage: Not recognized in Florida for relationships formed after January 1, 1968, but recognized if legally established in another state.
• Legal Marriage: Recognized universally when the proper legal procedures are followed.

Documentation

• Common Law Marriage: Often requires evidence such as joint accounts, property deeds, and affidavits to prove its existence.
• Legal Marriage: Documented through a marriage certificate issued by the state.

Legal Rights and Responsibilities

Property and Asset Division

• Common Law Marriage: Common law spouses from other states have the same rights to property and asset division as formally married couples when recognized in Florida.
• Legal Marriage: Legally married couples have clearly defined rights to property and asset division under Florida law.

Inheritance and Survivor Benefits

• Common Law Marriage: Recognized common law spouses are entitled to inheritance and survivor benefits under Florida law.
• Legal Marriage: Legally married spouses are automatically entitled to inheritance and survivor benefits.

Child Custody and Support

• Common Law Marriage: Common law spouses have the same rights and responsibilities regarding child custody and support as legally married couples when recognized in Florida.
• Legal Marriage: Legally married couples have established rights and responsibilities for child custody and support.

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

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.

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

1. Document Your Marriage: Maintain documentation proving your common law marriage, such as joint accounts, property deeds, and affidavits from friends and family.
2. Seek Legal Advice: Consult with a family law attorney to understand your rights and responsibilities under Florida law.
3. Formalize Your Relationship: Consider having a formal marriage ceremony in Florida to ensure legal recognition without question.

Conclusion

Understanding the differences between common law marriage and legal marriage in Florida is crucial for couples navigating their legal rights and responsibilities. While Florida does not recognize new common law marriages formed after January 1, 1968, it does acknowledge those legally established in other states. Couples should ensure they have proper documentation and seek legal advice to protect their rights when moving to Florida. For more detailed information and legal assistance, visit Dewitt Law.