Gavin Howe
In the state of Florida, common-law marriages are not recognized. This means that couples who live together and present themselves as married are not considered legally married unless they obtain a marriage license and go through a formal ceremony. As a result, unmarried couples in Florida do not have the same rights and protections as married couples. These rights include the right to inherit property from a spouse's estate, the right to make healthcare decisions, and the right to a formal divorce proceeding. However, there are steps that unmarried couples can take to protect themselves, such as executing legal documents that give them these rights. Understanding the legal standing of a relationship and seeking professional legal advice is important for couples in Florida.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Common law marriage before 1968 | Recognized |
| Rights for unmarried couples | Limited, unless legal documents are executed |
| Rights for married couples | Inheritance, healthcare decisions, spousal support, property division, divorce proceedings |
| Protections for unrecognized marriages | Couples can create a durable power of attorney for healthcare |
| Recognition of common law marriages from other states | Yes |
| Legal recognition of marriage | Requires a marriage license and a ceremony |
| Divorce proceedings | Not required for unrecognized marriages |
| English common law rights | Formally protected by the Florida Supreme Court |
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What You'll Learn
Common-law marriages in Florida
In Florida, common-law marriages are not recognized for couples who have established such a marriage within the state after January 1, 1968, according to Florida Statute §741.211. This means that if a couple meets the general conditions for a common-law marriage but has never been ceremonially married, Florida law does not consider them legally married.
A common-law marriage typically involves a couple living together for a certain period, presenting themselves as a married couple, and having the intent to be married, without obtaining a marriage license or undergoing a formal ceremony.
However, there is an exception to this rule, known as the "Full Faith and Credit Clause" of the United States Constitution. Florida must acknowledge the laws and judicial decisions of other states. So, if a couple has a valid common-law marriage from another state that recognizes such unions (like Colorado or Texas), Florida would recognize that marriage.
Unmarried couples in Florida do not have the same legal rights as married couples. They do not have legal spousal rights, including health insurance or inheritance rights, and may face complications regarding property division and spousal support in the event of a breakup.
Cohabiting couples in Florida can execute legal documents, such as estate planning and medical directives, to grant each other specific rights and protections.
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Rights of unmarried couples
Florida does not recognize common-law marriages within the state that began after January 1, 1968. This means that unmarried couples do not have the same rights as married couples. However, there are some exceptions and alternatives that can provide unmarried couples with certain rights.
Firstly, Florida recognizes common-law marriages that were established in other states that recognize such unions. This is due to the "'Full Faith and Credit Clause' of the United States Constitution, which requires Florida to acknowledge the laws and judicial decisions of other states. So, if a couple has a valid common-law marriage from another state, Florida will recognize it, and they may have rights to spousal benefits, including health insurance and inheritance.
Secondly, Florida offers domestic partnerships, which grant unmarried couples legal recognition of their relationship and certain rights traditionally reserved for married couples. This includes the ability to make healthcare decisions for each other and hospital visitation rights.
Thirdly, unmarried couples in Florida can create legal documents, such as cohabitation agreements and estate planning, to establish guidelines for sharing assets, making healthcare decisions, and managing other aspects of their lives together. For example, they can execute estate documents to allow them to inherit from each other, and medical directives to give each other the right to make medical decisions. They can also create property agreements to outline ownership rights and entitlements in case of separation.
Additionally, in the case of unmarried couples with children, the mother is presumed to have all legal rights to the child until a circuit court determines the legal father.
While these alternatives provide some rights for unmarried couples in Florida, it is important to consult with a lawyer to understand the specific legal options and protections available.
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Inheritance rights
Florida does not recognise common-law marriages that have been established within the state after 1 January 1968. This means that if a couple meets the general conditions for a common-law marriage but has never been ceremonially married, Florida law does not consider them legally married. However, there is an exception to this rule, known as the “Full Faith and Credit Clause” of the United States Constitution. Florida must acknowledge the laws and judicial decisions of other states. So, if a couple has a valid common-law marriage from another state that recognises such unions, Florida would recognise that marriage, and they may have the right to pursue some spousal rights, including inheritance rights.
Unmarried couples in Florida do not have the same rights as married couples. They might not have rights to property, including their shared home, if one partner passes away and the other is not already named as an owner of the property or designated as a beneficiary. However, unmarried couples can execute estate documents that allow them to inherit from each other.
Florida's inheritance laws dictate that if a decedent leaves a will, the estate is distributed according to the wishes expressed in that document, provided it complies with state law. The will takes precedence over the next-of-kin law, which determines the order of inheritance for individuals who are related to the deceased. Spouses are first in line, followed by children, then siblings, parents, and grandparents in succession. If there are no identifiable family members or distant relatives, an heir search may need to be undertaken to determine the rightful heirs. In rare circumstances where no heirs exist, the estate will be given to the State of Florida, a process known as escheatment.
Florida law protects the inheritance rights of biological and legally adopted children. Even if biological children were conceived outside of marriage, they may still inherit as long as paternity can be proven either through scientific methods or recognition of the parent before death. Children born after a will is made, even if not mentioned in the will, are still entitled to a portion of the intestate estate. In contrast, stepchildren or foster children not legally adopted do not automatically receive inheritance rights unless named in a will. Additionally, divorce revokes any provisions in a will that favour the ex-spouse unless the will explicitly states otherwise or was signed after the divorce.
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Divorce proceedings
There are two main ways of filing for divorce in Florida: Regular Dissolution of Marriage and Simplified Dissolution of Marriage. The latter is a quicker process, taking around 30 days from filing to finalization, and does not require litigation. However, there are certain requirements that must be met to qualify for Simplified Dissolution of Marriage. Both parties must agree to the use of this type of dissolution proceeding and must have no minor (under 18) or dependent children, no adopted children under 18, and neither party can be pregnant. Additionally, both parties must agree that the marriage is irretrievably broken, and neither party can seek alimony. If these requirements are not met, the couple will have to follow the procedure for Regular Dissolution of Marriage.
In Florida, all family law trials are "bench trials," meaning the case is heard by a judge only, and there is no jury. The judge will decide the outcome of the case, including the division of assets and liabilities, alimony, child support, and parenting plans. Florida law believes in the equitable distribution of marital property, taking into account factors such as the contributions of each spouse, their financial conditions, and the length of the marriage. Alimony may be awarded if one spouse has a financial need and the other spouse has the ability to pay, considering factors such as the duration of the marriage and the standard of living during the marriage. Child custody and support arrangements are determined based on the child's best interests, with Florida courts prioritizing the child's well-being and encouraging co-parenting whenever possible.
Before filing for divorce in Florida, at least one of the spouses must have been a resident of the state for at least six months. Florida is a "no-fault" divorce state, meaning that blaming the other spouse for adultery or the breakdown of the marriage will not be recognized in court. Instead, it must be proved that the marriage is "irretrievably broken," and fault can only be considered in the division of assets and alimony if the divorce goes to court.
There are alternative options to traditional litigation in Florida, such as mediation and collaborative divorce, which can be less adversarial and more focused on finding mutually acceptable solutions. Mediation involves a neutral third party, called a mediator, who helps the spouses communicate and make decisions about their case. Collaborative divorce involves each spouse hiring an attorney trained in the collaborative process, and they may also work with neutral financial and mental health professionals to reach an agreement. These processes can maintain privacy and confidentiality and often result in quicker and less costly resolutions.
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Medical decisions
In Florida, every competent adult has the right to make decisions about their health, including choosing or refusing medical treatment. This is known as informed consent, which is defined by Florida's Medical Consent Law, §766.103. Informed consent laws vary by state and situation, but in Florida, it entails:
- The healthcare provider describing the procedure.
- The healthcare provider explaining the medically acceptable alternative treatments.
- The healthcare provider explaining the substantial hazards, risks, and benefits associated with the proposed care.
Informed consent is not typically required for routine medical procedures, checkups, or vital sign measurements. However, it is your right to receive information and ask questions about recommended treatments so that you can make well-considered decisions about your care.
If you become incapacitated and unable to make decisions due to a physical or mental change, such as a coma or dementia, only your primary physician can determine your condition. In such cases, the Florida legislature has enacted legislation pertaining to health care advance directives (Chapter 765, Florida Statutes). This law recognizes your right to make an advance directive, instructing your physician to provide, withhold, or withdraw life-prolonging procedures. You can also designate another individual to make treatment decisions on your behalf, and/or indicate any anatomical donations you wish to make after your death.
An advance directive can be a written document or an oral statement, and it must be witnessed by two individuals, at least one of whom cannot be a spouse or blood relative. You may change or cancel an advance directive at any time. Additionally, you can elect a health care surrogate to make decisions for you, and you do not have to be incapacitated to do so. This person can be designated to act on your behalf in a variety of activities, including financial, legal, and medical matters.
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Frequently asked questions
No, Florida does not recognize common-law marriage within the state. However, if a couple has a valid common-law marriage from another state that recognizes such unions, Florida will recognize that marriage.
Unmarried couples in Florida do not have the same rights as married couples. They do not have automatic inheritance rights, and they cannot make medical decisions for each other. They also do not have the same rights when it comes to property ownership and end-of-life planning.
Unmarried couples in Florida can seek legal advice to understand their rights and options. They can also execute legal documents, such as estate planning and medical directives, to give each other certain rights.
Married couples in Florida have legal rights that unmarried couples do not, including the right to inherit property, make healthcare decisions, and go through a formal divorce proceeding. They also have access to important benefits like health insurance and social security.
To be considered legally married in Florida, a couple must obtain a marriage license from the state and have their union solemnized by an official, such as a judge or religious leader.
