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Jul 11, 2019 · In the state of Florida, if you are not married, you do not have any rights that married couples would have. This holds true for common law marriages. You cannot reside in Florida and have the state establish a common law marriage. It will recognize a common law marriage from another state, however.
Florida courts hold that the law of the state where the contract of marriage occurred determines its validity. There are several cases in which couples go through a marriage ceremony and hold themselves out to the community as a married couple. They do so in a state or country that recognizes common law marriage.
Florida has no such requirement. Today, only a handful of states still allow common law marriages to take place. Florida used to allow the practice, but no longer does. But that’s not the end of the story. There are a number of important things to know if you and your partner haven’t officially tied the knot.
Despite common misconceptions, Florida does not recognize common-law marriages created within the state. This article will clarify Florida's legal stance, providing essential insights for residents and couples: Florida's historical stance on common law marriages. Legal alternatives for couples in Florida.
Under Florida Statute, a common-law marriage is valid only if entered into before January 1, 1968, or if the couple was married under the common-law marriage statute of a recognizing state (listed above). You cannot initiate the divorce of a common-law marriage in Florida (unless entered into before 1968).
Apr 28, 2020 · However, while common law marriages exist in some states, Florida does not recognize any common law marriage that began after 1968. Therefore, if you are living as a married person without any of the legal protections of being married, you might run into some steep legal obstacles.
Feb 8, 2023 · There is no de facto common law marriage in Florida. Common law marriage is an arrangement that exists in about 12 U.S. states. Only 7 of those states still allow common law marriage. Five of those states, including Florida, only recognize common law marriages that were entered into before a certain date.
