Common law marriage in Florida is a marriage that has never been formally registered with the state, there was no official ceremony or marriage certificate issued. All that is necessary is a consent by the parties to the relationship, coupled with some outwardly visible action, such as living together. Essentially, the couple would represent themselves out to be married and act as if they are in fact married. Living together is not a requirement of common law marriage in Florida but is a substantial piece of evidence that can establish its existence.
Common Law Marriage in Florida vs Traditional Marriage
The law will treat a valid common law marriage in Florida as it would any other legal marriage, entitling the couple to all the benefits and responsibilities of marriage. In order to dissolve a common law marriage, the couple would need to go through a judicial divorce proceeding just as any other dissolution of marriage in Florida. Further, even Alimony is available in a common law divorce if the court feels it is appropriate under the circumstances. For more information on common law marriage in Florida or the divorce process contact a divorce law firm in Tampa.
Termination of Common Law Marriage in Florida
Florida permitted common law marriage until 1968, when it enacted Florida Statute 741.211. The statute abolishes a common law marriage in Florida entered into after January 1, 1968. However, Florida will still recognize a common law marriage that was legally created in another state. Marriages formed in other states are entitled to the full faith and credit under the United States Constitution. Thus, under Article IV of the U.S. Constitution, all states must recognize a valid common law marriage that was entered into in another state. The validity of the common law marriage in Florida is to be determined by the laws of the jurisdiction where the marriage was entered into.
Marriage in Florida
To create a valid marriage in Florida, a couple must secure a marriage license and then solemnize the marriage in a formal ceremony. The marriage license must be issued by either a Florida county court judge or clerk of the court. The issuing officer is required to issue the marriage license so long as the requisite fee is paid and there are no impediments to the marriage. The marriage license will expire within 60 days unless there is a ceremony administrated by an ordained minister, elder, or other clergy of any church, a judicial officer whether active or retired, a clerk of the circuit court, or a notary of the State of Florida to formalize the marriage.
Divorce Law Firm in Tampa
If you need legal assistance with either dissolving a traditional marriage or common law marriage in Florida contact us to speak with a divorce attorney in Tampa. We will listen carefully as you describe the details of your case and develop a comprehensive legal strategy aimed at resolving all of your concerns. Our professional legal team is passionate about fighting for you and your family’s needs. When you work with a Tampa divorce attorney at our firm, you can count on the support you deserve, as well as strong advocacy of your rights in these important matters.