Common Law Marriage Laws in Florida by Dewitt Law
Introduction
Common law marriage is a concept that has sparked considerable debate and confusion over the years. Unlike traditional marriage, which involves obtaining a license and having a formal ceremony, common law marriage occurs when a couple lives together and presents themselves as married without ever going through the formalities. But how does this apply in Florida, a state with a unique legal landscape? This article delves into the intricacies of common law marriage in Florida, exploring its history, legal status, and the implications for couples in the Sunshine State.
Common Law Marriage in the United States
Definition and Historical Context
Common law marriage is a legal framework allowing couples to be considered legally married without having undergone a formal ceremony or obtained a marriage license. Historically, this concept was rooted in a time when access to religious or civil authorities for marriage was limited. In such scenarios, couples would simply declare themselves married and live as such, and the law would recognize their union.
States Recognizing Common Law Marriage
As of today, only a handful of states recognize common law marriage. These states include Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), South Carolina, Texas, and Utah. Each state has its nuances in defining and recognizing common law marriages, with requirements often involving cohabitation, mutual agreement to be married, and public representation as a married couple.
Evolution of Common Law Marriage in the U.S.
The concept of common law marriage has evolved significantly over the years. Many states that once recognized common law marriage have since abolished it, favoring more formalized legal processes for establishing marital unions. The evolution reflects a broader societal shift towards standardized legal practices and the protection of individuals’ rights within a marriage.
Common Law Marriage in Florida
Historical Background
Common Law Marriage Pre-1968
Before 1968, common law marriages were recognized in Florida. Couples who lived together and presented themselves as married were granted the same legal rights and responsibilities as those who had formally married. This recognition was based on the historical precedent and the practicality of recognizing unions where formal marriage was not feasible.
Abolishment in Florida
In 1968, Florida passed a law abolishing the recognition of new common law marriages. This change was part of a broader legal reform aimed at standardizing marriage laws across the state. However, common law marriages established before the law’s enactment were grandfathered in, meaning they remained legally valid.
Current Legal Status
Understanding the Current Laws
Today, Florida does not recognize common law marriages formed within the state after 1968. This means that couples living together in Florida, regardless of how long they have cohabited or how they present themselves, are not considered legally married unless they obtain a marriage license and go through a formal ceremony.
Florida Statutes on Marriage
Florida law is explicit in its requirements for a legally recognized marriage. According to Florida Statutes, a valid marriage requires a marriage license, a ceremony officiated by an authorized person, and registration of the marriage with the state. These steps ensure that the marriage is legally recognized and that both parties have the rights and responsibilities accorded to married couples.
Exceptions to the Rule
There are limited exceptions to Florida’s stance on common law marriage. For example, if a couple entered into a common law marriage in a state that recognizes such unions before moving to Florida, their marriage would be recognized as valid. Additionally, common law marriages that predate the 1968 law abolishing them in Florida are still considered valid.
Legal Implications for Couples
Property Rights
In Florida, property acquired during a marriage is typically considered marital property and subject to equitable distribution in the event of a divorce. However, couples in a common law marriage recognized in another state may face complications when dividing property, as Florida courts may not apply the same standards to common law marriages.
Custody and Child Support
Child custody and support issues in Florida are determined based on the best interests of the child, regardless of the parents’ marital status. However, complications can arise if one parent claims a common law marriage existed in another state, potentially impacting decisions related to custody and support.
Spousal Support
Spousal support, or alimony, is generally only available to legally married couples in Florida. For couples in a recognized common law marriage from another state, alimony could be awarded, but proving the existence of the marriage and navigating Florida’s legal system can be challenging.
Does Florida Recognize Common Law Marriage?
Legal Recognition in Specific Scenarios
Out-of-State Common Law Marriages
Florida does recognize common law marriages if they were legally established in a state that allows such unions. This means that if a couple moves to Florida after establishing a common law marriage in a state like Texas or Colorado, their marriage will be recognized by Florida courts. However, they must meet the legal requirements of the state where the marriage was formed.
Federal Recognition
At the federal level, common law marriages are recognized for various purposes, including tax filings and social security benefits. This recognition applies even if the couple resides in a state like Florida, where common law marriage is not recognized, as long as the marriage was validly established in another state.
Impact on Immigration and Other Legal Areas
Immigration Cases
For immigration purposes, a common law marriage may be recognized if it was legally valid in the state or country where it was established. This can have significant implications for couples seeking immigration benefits, such as spousal visas, when one partner is a foreign national.
Social Security Benefits
The Social Security Administration recognizes common law marriages for benefits purposes if the marriage was legally valid in the state where it was established. This recognition can affect spousal benefits, survivor benefits, and other Social Security-related rights.
Establishing a Valid Marriage in Florida
Requirements for a Legal Marriage
Age and Consent
To legally marry in Florida, both parties must be at least 18 years old. Minors aged 16 or 17 can marry with parental consent or judicial approval. Both parties must also give their free and voluntary consent to the marriage.
Marriage License and Ceremony
A marriage license is required for all legal marriages in Florida. The couple must apply for the license in person at a county courthouse and pay the necessary fees. The marriage must then be solemnized by an authorized official, such as a judge or religious figure.
Registration Process
After the marriage ceremony, the officiant must file the marriage certificate with the appropriate county clerk’s office. This step ensures that the marriage is officially registered and recognized by the state.
Differences Between Legal and Common Law Marriages
Rights and Obligations
Legally married couples in Florida have a wide range of rights and obligations, including property rights, spousal support, and inheritance rights. In contrast, couples in a common law marriage recognized in another state may have similar rights, but navigating these issues in Florida can be complex.
Legal Protections
Legal marriages in Florida offer robust protections for both parties, particularly in cases of divorce, death, or legal disputes. Common law marriages recognized from other states may not afford the same level of protection, making it essential for couples to seek legal advice.
Is There Common Law Marriage in Florida?
Public Perception and Misconceptions
Despite the legal realities, there is a persistent belief among many Floridians that common law marriage still exists in the state. This misconception can lead to confusion and legal disputes, particularly when couples separate or one partner dies without a will.
Impact of Public Opinion on Legal Reform
Public opinion has played a role in shaping marriage laws over the years. However, there has been little movement in Florida towards reinstating common law marriage. The state’s legal framework remains focused on formalizing marriage through licenses and ceremonies.
Case Studies: Common Law Marriage Claims in Florida
Several legal cases in Florida have highlighted the challenges of claiming a common law marriage in a state where it is not recognized. These cases often involve couples who moved to Florida after establishing a common law marriage in another state, leading to complex legal battles over property, custody, and spousal rights.
Common Myths and Misunderstandings
Duration of Cohabitation and its Effects
A common myth is that simply living together for a certain number of years automatically creates a common law marriage. In Florida, this is not the case. Cohabitation, regardless of duration, does not result in a legally recognized marriage.
Property Ownership and Division
Another misunderstanding is that property acquired during a cohabiting relationship is automatically shared equally. In reality, property division in Florida follows strict legal guidelines, and cohabiting partners may not have the same rights as legally married couples.
Parental Rights and Responsibilities
Parental rights and responsibilities are determined based on the best interests of the child, not the marital status of the parents. However, common law marriage claims can complicate custody and support proceedings, particularly when one parent believes they are entitled to spousal rights.
Legal Advice and Assistance
Importance of Legal Counsel
Navigating the complexities of common law marriage in Florida requires expert legal guidance. Whether you’re considering a move to Florida, already live there, or are in a common law marriage from another state, understanding your rights is crucial.
Choosing the Right Attorney
Selecting an attorney with experience in family law and common law marriage is vital. Dewitt Law offers specialized legal services to help couples understand their rights and protect their interests, particularly in complex cases involving common law marriage claims.
Role of Dewitt Law in Common Law Marriage Cases
Dewitt Law provides comprehensive legal support for clients dealing with common law marriage issues. From legal advice to courtroom representation, the firm’s expertise ensures that clients receive the best possible outcome.
How to Protect Your Rights
Drafting Cohabitation Agreements
One way to protect your rights as a couple in Florida is by drafting a cohabitation agreement. This legal document outlines the rights and responsibilities of each partner, particularly concerning property ownership, financial obligations, and child custody.
Importance of Estate Planning
Estate planning is essential for couples in Florida, especially those not legally married. Without proper planning, a partner in a non-marital relationship may have limited rights to inherit property or make decisions if the other partner becomes incapacitated.
FAQs About Common Law Marriage in Florida
What is Common Law Marriage?
Common law marriage is a legal framework that allows couples to be considered married without undergoing a formal ceremony or obtaining a marriage license. It is recognized in some states but not in Florida.
Does Florida Recognize Common Law Marriages?
No, Florida does not recognize common law marriages formed within the state after 1968. However, it does recognize common law marriages that were validly established in other states.
Can I Claim Common Law Marriage in Florida if I Move from Another State?
Yes, if you entered into a common law marriage in a state that recognizes it and then moved to Florida, your marriage would be recognized.
How Can I Protect Myself if My Partner and I Are Not Legally Married?
Drafting a cohabitation agreement and engaging in estate planning are essential steps to protect your rights as a couple in Florida.
What Happens if My Partner Dies Without a Will in Florida?
If your partner dies without a will and you are not legally married, you may have limited rights to inherit their property. Estate planning is crucial in such scenarios.
Does Florida recognize domestic partnerships?
While Florida does not recognize common law marriages, some counties and municipalities within the state recognize domestic partnerships, granting certain legal rights to unmarried couples.
Can Common Law Marriage Affect Child Custody in Florida?
Child custody is determined based on the best interests of the child, but claims of common law marriage can complicate proceedings, especially in interstate cases.
Conclusion
Common law marriage in Florida is a complex legal issue, with significant implications for couples who believe they are married under common law. Understanding the state’s laws and how they interact with common law marriages from other states is crucial for protecting your rights. If you find yourself in a situation where common law marriage laws may apply, consulting with an experienced attorney like those at Dewitt Law can provide the guidance and support you need. Don’t leave your future to chance—seek professional legal advice to ensure your rights and interests are fully protected