Does Florida Recognize Common Law Marriages?
While it may seem difficult to envision today, at one time Florida was a vast and rural state. Many people would have a small ceremony to informally recognize their devotion to each other, but would never officially marry. At the time, these relationships were known as common law marriages. A common law marriage was one in which the couple would act as spouses and after a certain amount of time, other entities, such as government agencies, would also recognize them as being married.
While common law marriages are no longer recognized in Florida, this does not mean they are still not present. Below, one of our Tampa marital law lawyers explains further.
When Did Common Law Marriages Stop Being Legally Recognized in Florida?
In 2016, the Florida legislature passed a law that common law marriages established prior to January 1, 1968 would not be legally recognized. There are fewer of these marriages every year. This is largely due to lifespans and the fact that in the 1960s, people were more traditional and typically formalized their marriage. Any relationships formed after January 1, 1968 are not legally recognized unless the couple registers their marriage and obtains a marriage certificate.
Requirements for a Florida Marriage
Now that Florida law no longer recognizes common law marriages, it is essential that individuals ensure their marriage is legal if they want to be officially viewed as spouses. To obtain a marriage license in Florida, the following requirements must be met:
- All parties must be 18 years old. Spouses can be 17 years old if they have their parents’ permission but the older spouse cannot be more than two years older than the other party.
- The parties must submit their social security number to the court clerk.
- The spouses must take a premarital course, or wait three days after obtaining the marriage license.
In the majority of cases, if the above requirements are not met, a marriage is not valid and a couple can separate without taking legal measures, such as obtaining a divorce.
When are Common Law Marriages Valid in Florida?
Even when people entered into a common law marriage after January 1, 1968, there are times when Florida law may still recognize the relationship. These circumstances include when couples who were in a legally recognized common law marriage in another state and then moved to Florida. The relationship must have followed the laws of the other state.
Our Marital Law Lawyers in Tampa Provide Sound Legal Advice
The question of whether a marriage is legally recognized becomes very important when people want to end their relationship. If you have been living as common law but are not officially married, issues such as property division and child custody become much more complicated. At All Family Law Group, P.A., our Tampa marital law lawyers can provide the legal advice you need for marital disputes and help you obtain the most favorable outcome possible. Call us today at 813-672-1900 or contact us online to request a free consultation and to learn more about how we can help. Se habla Español.
Source:
flsenate.gov/Laws/Statutes/2016/0741.211
