Common law marriage is a form of legal recognition for couples who live together in a marriage-like relationship without a formal marriage ceremony or registration. While some states in the United States recognize common law marriage, the legal status of common law marriage in Florida has unique considerations. In this article, we will explore the legality of common law marriage in Florida, the requirements for establishing it, and the legal implications for couples residing in the state.
Understanding Common Law Marriage
1. Definition of Common Law Marriage
Common law marriage refers to a legal recognition of a marriage-like relationship between two individuals who live together, present themselves as a married couple, and have mutual intent to be married. It is important to note that common law marriage is not established solely by cohabitation; specific criteria must be met to be recognized as a common law marriage.
Common Law Marriage in Florida
1. Non-Recognition of Common Law Marriage
Florida does not recognize common law marriage established after January 1, 1968. This means that couples who live together and consider themselves married without going through a formal marriage ceremony or registration are not legally recognized as married in the state.
2. Recognition of Valid Common Law Marriages from Other States
While common law marriage is not established in Florida, the state does recognize common law marriages that were validly established in other jurisdictions where it is recognized. If a couple established a common law marriage in a state that recognizes it and then moves to Florida, their marriage will be recognized under the principles of comity, which refers to the legal recognition of marriages performed in other jurisdictions.
Requirements for Establishing Common Law Marriage in Florida
1. Non-Recognition of New Common Law Marriages
As mentioned earlier, Florida does not recognize new common law marriages established within the state after January 1, 1968. Regardless of the duration of cohabitation or mutual intent, couples must go through a formal marriage ceremony and obtain a marriage license to be legally recognized as married in Florida.
2. Consideration for Common Law Marriages Established in Other States
If a couple established a valid common law marriage in a state where it is recognized and then moves to Florida, they will enjoy the legal recognition and rights associated with common law marriage. However, it is essential to provide documentation and evidence of the valid common law marriage from the previous jurisdiction.
Legal Implications for Unmarried Couples in Florida
1. Lack of Legal Protections
Couples who live together in Florida without a formal marriage or registered domestic partnership do not have the same legal rights and protections as married couples. This includes property rights, financial obligations, inheritance rights, and healthcare decision-making.
2. Importance of Legal Documents
To ensure that the rights and interests of unmarried couples are protected in Florida, it is crucial for individuals to consult with an attorney and create legal documents such as cohabitation agreements, wills, powers of attorney, and healthcare directives. These documents can provide clarity, protect assets, and establish the desired distribution of property and responsibilities.
Conclusion
Common law marriage is not legally recognized in Florida for unions established within the state after January 1, 1968. However, Florida does recognize common law marriages that were validly established in other jurisdictions where it is recognized. It is important for couples in Florida to understand their legal status and consider the need for legal documents to protect their rights and interests. Consulting with an experienced attorney can provide guidance on legal options, rights, and responsibilities for unmarried couples in Florida.