Legal Question in Family Law in Florida

common law marriages

My husband and I were married in 1988 in okla. under the common law marriage. now we live in florida. We joined an org. under being married and now after 5 years i am being put out because the say we are not married. i need to know how to handle this. we sign a paper between ourselves in 1988 that we were married to each other. i have used is last name for all most 20 years. how can i handle this matter.

Asked on 11/08/07, 9:26 am

2 Answers from Attorneys

Joel Bello Joel Bello, P.A.

Re: common law marriages

While it is true that Florida does not have common law marriage, you may be able to have your marriage recognized under the laws of Oklahoma since from your question it appears you were married there. Your issue is complex and nuanced. You should consult with a family law attorney as soon as you are able to protect whatever rights you may have.

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Answered on 11/08/07, 9:40 am
Scott R. Jay Law Offices of Scott R. Jay

Re: common law marriages

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 stop right here, and do not read any further.

You may need to go to court to prove your marriage exists under the laws of the State of Oklahoma. It would probably be much cheaper and faster to simply get married now under the laws of Florida by obtaining a marriage license and having a formal ceremony. It is your choice.

Scott R. Jay, Esq.

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Answered on 11/09/07, 11:06 pm

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