Florida  |  Family Law

Legal Question

Asked on: 7/29/13, 10:00 am

What can my daughter do if her husband has "common law" married another individual without divorcing her first?

4 Answers


Answered on: 7/29/13, 10:06 am by John Smitten

there is no common law marriage in FL, so whatever arrangement he thinks is legal is not, he is still married to her until the court enters the divorce decree.


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McGuire Law Offices 1173 NE Cleveland Street Clearwater, FL 33755

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Answered on: 7/29/13, 10:09 am by Natalie Hall

Florida does not recognize common law marriage. Your daughter has the option to proceed with a divorce or seek a judicial determination of spousal support, determination of time sharing and child support (if children are involved) if she is not yet ready to be divorced.


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The Law Office of Natalie D. Hall, P.A. 2816 East Robinson Street Orlando, FL 32803

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Answered on: 7/29/13, 10:17 am by Carolyn Jones

Florida has not recognized common law marriages since 1967. Your daughter is still married to her husband and will need to file for a divorce in order to end her marriage.


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Law Office of Carolyn R. Jones 3107 Spring Glen Road suite 203 Jacksonville, FL 32207

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Answered on: 7/29/13, 10:33 am by Brent Rose

You can't get common law married to someone when you are still married to someone else, even in the states which still allow common law marriage. Florida is not one of the states that still allows common law marriage. Your daughter needs to file for divorce.


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The Orsini & Rose Law Firm PO Box 891325 Tampa (and Throughout Florida), FL 33689

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