Is there Common Law Marriage in Florida?

Common Law Marriage

Is there Common Law Marriage in Florida?

A common law marriage is a type of marriage that is recognized in some jurisdictions, but not in others. A common law marriage is established (in the states that recognize them) if the couple expresses a desire to be married and cohabiting and does so for a certain amount of time. The state of Florida does not offer common-law marriages, but it does recognize common-law marriages that are legal in other states.

Which States Recognize Common Law Marriages?

There are many states within the United States that do recognize common-law marriages. Each state has its own lists of laws and requirements that must be followed in order for a couple to be considered married without having a marriage license. States that recognize common law marriage include:

  • Alabama
  • Colorado
  • District of Columbia
  • Iowa
  • Kansas
  • Montana
  • New Hampshire (only for inheritance)
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Texas
  • Utah 

How Does Florida Handle Common Law Marriages?

Just because common-law marriages are not offered in Florida does not mean that the state does not recognize a common-law marriage from another state.  Florida has its own set of terms and laws for a couple to be considered to be in a common-law marriage. Simply being married under common law in one state and living together in Florida is not enough for the marriage to be considered official. The state of Florida requires all common law marriage couples to keep a document that refers to the common law marriage. Couples who do not have such documents will not be able to have a say over each other’s healthcare or finances.

Florida Marriage Requirements

If you are living in the state of Florida and want to get married, there are several things that must be done. You must apply for your marriage license at your county’s clerk of courts office.  Both partners will need to bring a photo ID with them to obtain a marriage license. There is no required waiting period for a marriage license in Florida and couples do not have to take blood tests.

If you are living with a partner, are currently in a common-law marriage in another state, or are ready to get married in the state of Florida, you will need to follow those requirements and laws regarding your type of marriage in order for it to be legally binding and official.