Common Law Marriages in Florida

Questions have come up in the past regarding the confusing nature of Florida’s laws on common-law marriages. While Florida recognizes some common-law marriages, it does not grant them, and this has caused a fair amount of confusion about the law, how divorce works in cases of such marriages, and how legal such a relationship is. If you have any questions about your common-law marriage and how it stands under Florida law, contact the Boca Raton divorce lawyers of Eric N. Klein & Associates, P.A. by calling 561-353-2800 today.

What Is a Common-Law Marriage?

A common-law marriage is defined as a relationship which meets certain requirements of marriage without having been officiated by the state. That is, it is a specific relationship which, despite never having had a ceremony, becomes official once certain requirements have been met. These requirements are usually:

• The couple must be a heterosexual one, and they must have lived together for a significant amount of time (this amount of time is never quantified in state legislation)
• The couple must live in a state that allows common-law marriage
• The couple must hold themselves as man and wife – that is, they must refer to themselves as married, introduce themselves as such, and file a joint tax return, etc.
• They have the intention of being married.

Common-law marriage is a hold-over from pioneer society, when many people lived far enough away from large towns that they could not have their marriages made official. Thirteen states still have such laws on the books, and while Florida does not have them, it recognizes those from other states. For example, a couple who have a common-law marriage from Texas can be considered married in Florida.

Contact Us

If you have any questions about how Florida law affects your common-law marriage, contact the Boca Raton divorce attorneys of Eric N. Klein & Associates, P.A. by calling 561-353-2800.