Legal Question in Family Law in Florida

common law marraige

Is there such a thing as common law marraige in the state of Florida? What are the criteria? My daughter and I moved here to Fla. seven years ago. We moved in with her dad and our relationship is not a strong and stable one. I have custody of our daughter and am considering moving out. Are there possible legal repercusions from this? Can I ask for Child support if I do move out?


Asked on 11/26/06, 3:57 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: common law marraige

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.

Florida has not recognized common law marriages for over 20 years. Even when it did, the parties had to live together for at least 8 years.

If you choose to move out, you will be entitled to request child support from a court. I strongly suggest that you contact an attorney to discuss your legal situation.

Scott R. Jay, Esq.

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Answered on 11/27/06, 8:07 pm
David Slater David P. Slater, Esq.

Re: common law marraige

1. no

2. yes

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Answered on 11/26/06, 5:59 pm


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