Common Law Marriage in Florida
A Brief Look at
Marriage and Immigration in FloridaLearn what it is and where it's recognized.
A "common law marriage" is one in which the parties may hold themselves out as a
husband and wife, and under certain circumstances, be deemed married without a
marriage license or ceremony. Florida doesn't have a common law marriage, however
Florida does recognize common law marriages that occurred in other states.
What's Below:
If my partner and I live together long enough, won't we have a common law marriage?
Contrary to popular belief, even if two people live together for a certain number of years, if they don't intend to be married and present themselves to others as a married couple, there is no common law marriage. More particularly, a common law marriage can occur only when:
- a heterosexual couple lives together in a state that recognizes common law marriages
- for a significant period of time (not defined in any state)
- holding themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife" and filing a joint tax return, and
- intending to be married.
Unless all four are true, there is no common law marriage. When a common law marriage exists, the couple must go through a formal divorce to end the relationship.
(back to top)
Which states recognize common law marriage?
Common law marriage is recognized only in the following states:
- Alabama
- Colorado
- District of Columbia
- Iowa
- Kansas
- Montana
- New Hampshire (for inheritance purposes only)
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- Texas
- Utah
(back to top)
|
