Legal Question in Family Law in Florida

common law marriage or partners for life

if you choose not to get married legally in Florida but live together as married, do you have any legal rights such as next of kin or survivorship? is there common law marriage in florida? what are your rights if you just have a commitment to each other without having a preacher or judge marry you? Can you legally speak for each other if not legally married (with a legal marriage certificate?)

Exactly what rights do you have in FLorida if you just choose to live together as husband and wife without the legal license?


Asked on 6/15/03, 11:11 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: common law marriage or partners for life

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

None. Florida does not recognize common law marriage and has not for many years. To get married you have to comply with the legalities including obtaining a license and the ceremony.

Scott R. Jay, Esq., 305-249-8000

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Answered on 6/16/03, 7:24 am


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