Legal Question in Family Law in Florida

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

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

4 Answers from Attorneys

John Smitten Carey and Leisure

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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Answered on 7/29/13, 10:06 am
Natalie Hall The Law Office of Natalie D. Hall, P.A.

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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Answered on 7/29/13, 10:09 am
Carolyn Jones Law Office of Carolyn R. 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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Answered on 7/29/13, 10:17 am
Brent Rose The Orsini & Rose Law Firm

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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Answered on 7/29/13, 10:33 am


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