Common Law Marriages in Florida

by | Jul 17, 2015 | Firm News, Florida Family Law

Relationships are not as cut and dry as most people think. Everyone has a different opinion on the ideal relationship and when you incorporate legal matters it creates even more issues. That is why it is necessary to consult a lawyer before finalizing your marriage in the eyes of the law. If you live in Florida and need to consult a lawyer about your common law marriage, contact Mark E. Sawicki, P.A. Every state deals with the matter of marriage differently and it takes a knowledgeable and experienced lawyer to wade the legal waters. It is especially important to understand the law regarding Common Law marriages in Florida.

What is a Common Law Marriage?

The legal definition of a Common Law Marriage varies from state to state, but the general idea has been around since the 1800’s. When someone references a Common Law Marriage they are referring to when a man and a women claim to be married without having a ceremony or obtaining a marriage certificate. These types of marriages can cause issues because there is nothing legally binding other than the word of the husband and wife. If the couple were to divorce and take their matter to court, there would be little the court could do because the couple would have never been married under the eyes of the law.

Are Common Law Marriages recognized in Florida?

No. In 1968, the state of Florida made Common Law Marriages invalid in the eyes of the courts. This means that if you think your common law marriage is valid in Florida, you better have a certificate from the courts, or have had an official ceremony, otherwise the marriage will be invalid in the state of Florida. Contact Mark E. Sawicki, P.A. to get your matters in order and legalize your marriage.

Does Florida recognize Common Law Marriages from other states?

The statute on Common Law Marriage in Florida does not specifically state if Florida recognizes Common Law Marriages from other states. This means that you will have to take your issues to court if you have moved to Florida and wish to pursue legal matters regarding your marriage. The courts will consider all the facts and what state your marriage is from in order to determine its legitimacy in the eyes of the law. If you don’t have legal representation when approaching the courts, the odds of your success are substantially lowered.
Understanding your legal rights as a married couple is pivotal to avoiding unfortunate circumstances. If you have a Common Law Marriage in Florida, it is not considered valid. You need to contact Mark E. Sawicki, P.A. to handle your legal affairs. The law office of Mark E. Sawicki, P.A. has been dealing with marital law in Florida long enough to know how to handle your problems. Having a legally binding marriage, especially now that Same-Sex Marriage has passed nationwide, is an important aspect of any relationship. Get in contact with Mark and rest easy knowing your affairs will be in order.