Does Common Law Marriage Exist in Florida?
Florida, like many other states, used to recognize common-law marriages. However, Florida no longer recognizes common-law marriages formed after January 1, 1968. This means that any couple who cohabitated and presented themselves as married after that date cannot legally claim to be married under Florida law, regardless of their belief or how they presented themselves to others. This is a crucial point to understand. While the idea of a common-law marriage might seem straightforward, the legal realities in Florida are quite specific.
This article will clarify the situation surrounding common-law marriage in Florida and address some frequently asked questions.
What is a Common-Law Marriage?
Before we delve into Florida's stance, let's define what a common-law marriage is. It's a marriage that's created not through a formal ceremony or license, but through a couple's actions and intentions. Generally, to establish a common-law marriage, a couple must meet specific criteria:
- Cohabitation: They must live together as husband and wife.
- Presentation: They must present themselves to others as husband and wife.
- Intent: They must have the mutual intention to be married.
This "intent" is often the most difficult element to prove, as it relies on evidence like shared finances, joint tax filings, and witness testimony. However, in Florida, this is irrelevant for couples who began living together after January 1, 1968.
What if a couple lived together as husband and wife before January 1, 1968?
If a couple began living together and presenting themselves as married before January 1, 1968, Florida may still recognize their marriage as valid. However, proving the existence of such a marriage requires substantial evidence, similar to proving a common-law marriage in any other state that recognizes them. This might involve documentation like old tax returns, witness statements from family and friends, and potentially other forms of evidence demonstrating their presentation and intent to be married.
Can I get divorced if I was in a common-law marriage before January 1, 1968?
If a court determines that a common-law marriage existed before January 1, 1968, a divorce would be the appropriate legal route to dissolve the union. The process and requirements for divorce would be the same as for any other marriage in Florida. However, proving the existence of the previous marriage is crucial and would require gathering and presenting significant evidence to the court.
What about inheritance rights?
The lack of legal recognition of common-law marriages formed after January 1, 1968, significantly impacts inheritance rights. Unless a will specifically designates assets to a partner, they might not be entitled to any inheritance. This highlights the importance of estate planning, even for long-term cohabitating couples. It's highly recommended that couples in Florida execute a will, a living trust, or other estate planning documents to secure the transfer of assets according to their wishes.
What are the implications for property ownership?
Similar to inheritance, property ownership rights for couples who were not legally married in Florida can be complex. Unless specifically documented through contracts or deeds, property ownership will likely be decided by the laws of property, tenancy in common, or other relevant rules. Therefore, clear documentation of ownership is crucial for couples, regardless of their marital status.
How can I protect my rights if I am in a long-term relationship in Florida?
For couples in long-term relationships in Florida, seeking legal counsel to establish a clear understanding of their rights regarding property, inheritance, and other legal matters is highly advisable. A lawyer specializing in family law or estate planning can provide personalized advice and assistance to ensure appropriate legal protection. Formalizing the relationship through legal marriage offers the most comprehensive legal protection.
In conclusion, while the concept of common-law marriage might seem simple, its legal standing in Florida is very specific and limited to relationships beginning before January 1, 1968. Understanding these limitations is critical for individuals entering into long-term relationships in Florida to avoid future legal complications. Consulting a legal professional is always recommended for guidance and protection.
