Common Law Marriages and Divorce
Divorce is always confusing, and even more so when the marriage that is dissolving is a common law marriage. Many people, even those in common law marriages, do not know the law concerning common law marriages, what makes a marriage common law, or how divorce works in such cases.
What Defines Common Law Marriages?
Laws concerning common law marriage vary from state to state. Although Florida does not have common law marriages, it does recognize common law marriages from other states. Many people assume that if a couple lives together long enough, they are considered in a common law marriage. In actuality, several requirements must be met.
- The couple must be heterosexual, and they must live together in a state that recognizes common law marriages
- They must have been in the relationship for a significant length of time. This length of time is not specified in any state.
- They must represent themselves as being husband and wife. That is, use the same last name and refer to themselves as husband and wife. They must file a joint tax return.
- Finally, they must have intentions to be married.
All these conditions must be met for a relationship to be considered a common law marriage. If these conditions are met, then a couple that entered into a common law marriage in another state can get a divorce in Florida.
Contact Us
If you have decided to get a divorce, or would like to know more information, contact a West Palm Beach divorce lawyer from the law offices of Eric N. Klein & Associates, P.A. by calling 561-353-2800.
