Does Florida recognize common law marriages?
Generally, a common law marriage is where the parties hold themselves out as married and may, under certain circumstances, be considered married even though they do not have a marriage license.
Florida law has prohibited common law marriages since January 1, 1968. The statute did not invalidate any common law marriages that existed at that time, it rather prohibited the creation of new common law marriages.
However, there are still a few states that allow the creation of common law marriages. If you are common law married under the laws of another state, the courts in Florida will recognize your common law marriage and allow you to get a divorce if you otherwise meet the requirements to get a divorce in Florida.
Currently, and this is subject to change, in the US, only Alabama, Colorado, Washington DC, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah allow the creation of common law marriages.
Also, it is important to note that the process for creating a common law marriage is different in each of these states.
