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Does Florida recognize my common law marriage from another State?

does Florida recognize my common law marriage from another state

  • Legal F.A.Q.
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  • Does Florida recognize my common law marriage from another State?

does Florida recognize my common law marriage from another state

Does Florida recognize my common law marriage from another state?

Yes. If you lived in another state and created a common law marriage in that state, then that marriage is recognized in Florida. In general, Florida will recognize any kind of marriage from any jurisdiction as long as the marriage was entered into under the laws of that jurisdiction.

Parties alleging that they are common law married and wanting a divorce does not come up very often anymore since Florida has prohibited the creation of common law marriages since 1968. When it does come up it is usually the result of a common law marriage created in another state followed by the couples relocation to Florida.

In that situation, as long as the other states common law marriage statute or rules were followed for the creation of the marriage, Florida courts will recognize the marriage and allow a divorce under Florida law, assuming the other divorce requirements are met.

family law frequently asked questions
in Miscellaneous
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